Eligibility report

Governmental Orders Record and Eligibility Analysis

Home Care, Nursing and Senior Living

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 343 instruments cited; 335 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=04&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: industry Home Care, Nursing and Senior Living. Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?industry=04&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: QSO-20-14-NH REVISED (Mar. 13, 2020) nationwide visitation restriction and cancellation of communal dining and group activities in force (Ex. SEC-04-001); QSO-20-16-Hospice, QSO-20-18-HHA screening directives (Ex. SEC-04-011, -010); QSO-20-20-All survey suspension and focused infection-control surveys (Ex. SEC-04-018); QSO-20-23 ICF/IID and PRTF visitation restrictions (Ex. SEC-04-013); 1135 blanket waivers from Mar. 13, 2020 (Ex. SEC-04-015); State long-term-care visitation bans in force in every State (Florida DEM 20-006, Mar. 15; Ohio Mar. 13; North Carolina EO 120, Mar. 23; California AFL 20-22, Mar. 13; Washington Proclamation 20-16, Mar. 16; Georgia EO 04.08.20.03 followed Apr. 8); State stay-home orders on the patient base and workforce (State files); FFCRA leave mandates (FED-A).

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: QSO-20-14-NH restriction still the national rule (QSO-20-30-NH of May 18, 2020 set phased reopening recommendations for States; Massachusetts alone had resumed limited visits in June); 42 C.F.R. 483.80(g) reporting in force from May 8, 2020 (Ex. SEC-04-006, -007); State testing orders in force: New York EO 202.30 (May 10), New Jersey ED 20-013 (May 12, revised May 20), Pennsylvania SNF order (June 8) and PCH/ALR/ICF order (June 26), California AFL 20-53 (June 9); Philadelphia LTCF Order (Apr. 8) in force; CMS-1744-IFC telehealth and homebound rules in force.

The federal health, safety and transport layer, first day (Apr. 1, 2020): Apr. 1, 2020: national emergency (FED-001), nationwide Stafford emergency (FED-006) and major disasters declared for 28 States and the District of Columbia on or before Apr. 1, 2020 (29 of 51 jurisdictions; No Sail Order (FED-027); Title 42 order (FED-034, FED-039); DPA EOs 13909-13911 and scarce-materials designation (FED-070 to FED-074); FFCRA leave mandate operational (FED-170, FED-171); CMS-1744-IFC (FED-090), QSO-20-13, -14, -18, -12, -20 (FED-096 to FED-099, FED-164); § 1135 blanket waivers (FED-160); HHS telehealth enforcement discretion (FED-194); 30 Days to Slow the Spread guidance (FED-191, context); CMS elective-procedure recommendations (FED-158, context).

The federal health, safety and transport layer, last day (June 30, 2020): June 30, 2020: all of the above plus FEMA PPE export rule (FED-075, from Apr. 7) with exemptions (FED-076); EO 13917 meat and poultry (FED-073); No Sail extension (FED-028); Title 42 amended and indefinite (FED-036); CMS-5531-IFC weekly nursing-home reporting (FED-091, FED-161); QSO-20-30-NH reopening recommendations (FED-157); QSO-20-31-All (FED-165); Opening Up America Again guidance (FED-192, context); PHE renewed Apr. 26 (FED-011).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2020): In force: Proclamations 9984, 9992, 9993, 9996 (Exs. FED-200 to FED-203); DHS land-border closures to non-essential travel, Canada and Mexico (Exs. FED-216, FED-239, through Apr. 20, then FED-217, FED-240); OMB M-20-16 maximum telework and curtailment of in-person federal functions (Ex. FED-264) and M-20-18 contractor telework (FED-266); DoD stop-movement (Exs. FED-281, then FED-282 from Apr. 20); DOS suspension of routine visa services (FED-327) and the H-2 interview-waiver regime (FED-319); USCIS offices closed (FED-324); Interior on telework (FED-386); national parks, BLM sites, Hoover Dam, USACE areas and the Smithsonian closed (FED-387 to FED-393); Supreme Court closed to the public with the March session postponed (FED-290 to FED-292); Judicial Conference CARES Act finding (FED-295); jury trials suspended in N.D. Cal. (FED-317), N.D. Ill. (FED-338), D. Md. (FED-312), N.D. Ga. (FED-316 recites GO 20-01 of Mar. 16), C.D. Cal. courthouses closed (FED-284), Ninth Circuit courthouses closed (FED-279), Fifth Circuit (FED-286); CARES Act §§ 4022-4024 statutory moratoria (FED-340); FHFA, HUD and VA 60-day moratoria from Mar. 18 (FED-346, FED-356, FED-368, FED-369); interagency loan-modification statement (FED-342); 15/30 Days to Slow the Spread guidance (FED-396).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2020): In force: Proclamations 9984, 9992, 9993, 9996, 10041 (from May 26), 10014 (from Apr. 23) and 10052 (from June 24) (FED-200 to FED-204, FED-210, FED-211); DHS land-border notifications of June 24, 2020 through July 21 (FED-219, FED-242); OMB/OPM M-20-23 gating period with maximum telework (FED-268); DoD conditions-based travel restrictions (FED-283); DOS routine visa services still suspended (FED-327; resumption began July 15); USCIS reopened June 4 under mask and screening conditions (FED-325); premium processing resumed June 1 (FED-326); H-2A temporary rule (FED-320) and H-2B rule (FED-321); N.D. Cal. General Order 72-4 (no new civil jury trials through Sept. 30, 2020) and General Orders 73, 75, 77 (FED-331, FED-334 to FED-336); N.D. Ill. Fourth Amended GO 20-0012 (May 26, 2020) and the D. Colo., D.N.J., D. Md. and N.D. Ga. continuances (FED-288, FED-302, FED-316); C.D. Cal. face-covering order (FED-285); FHFA, HUD and VA moratoria extended to Aug. 31, 2020 on June 17-18 (FED-348, FED-359, FED-371, FED-372); CARES Act § 4024 eviction moratorium (to July 24) and § 4022 forbearance (FED-340); CFPB interim final rule effective July 1 (FED-343); H.Res. 965 proxy voting (FED-398).

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: all Q2 federal instruments in force; Florida DEM 20-006 as extended by 20-007 (May 18) and 20-008 (July 13) prohibited visitation; Ohio testing order (July 2020); nearly every State at compassionate-care-only or outdoor-only visitation.

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: 42 C.F.R. 483.80(h) testing condition (effective Sept. 2, 2020; QSO-20-38-NH Aug. 26, 2020) in force; QSO-20-39-NH (Sept. 17, 2020) conditional visitation in force; Florida DEM 20-009 (Sept. 1, 2020) conditional visitation; New Jersey ED 20-026 (Aug. 20, 2020) phases; AARP survey as updated Sept. 11, 2020: Alabama, Alaska, Georgia, Hawaii, Louisiana, Nevada, Pennsylvania, Utah and Washington at compassionate-care-only visitation; about twenty States at outdoor-only visitation.

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: 483.80(g), (h); QSO-20-39-NH; 1135 waivers; State phases (AARP Sept. 11, 2020 statuses).

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: same federal instruments; winter re-tightening recorded in the AARP survey as updated Dec. 16, 2020 (Rhode Island limited all but compassionate-care and federally required visits from early November 2020; Oregon suspended indoor visits in high-spread counties; New York restricted visits in high-spread counties; Pennsylvania, Alaska and Hawaii at compassionate-care-only); Ohio Fifth Amended Order in force; New Jersey ED 20-026 phases.

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: same federal instruments; Ohio Sixth Amended Order effective Jan. 7, 2021 (Ex. SEC-04-075); vaccination rollout under the Pharmacy Partnership (context).

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: QSO-20-39-NH REVISED 03/10/2021 (indoor visitation 'at all times' with county-positivity, outbreak and quarantine exceptions); QSO-21-14-ICF/IID and PRTF visitation (Feb. 10, 2021, Ex. SEC-04-016); 483.80(g), (h) in force; State testing orders (New Jersey, California, Ohio) in force.

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: same; QSO-21-17-NH (Apr. 8, 2021) ended specified LTC blanket waivers effective May 10, 2021 (Ex. SEC-04-025); QSO-20-39-NH REVISED 04/27/2021 (Ex. SEC-04-003).

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: 483.80(d)(3) vaccine education, offering and reporting condition effective May 21, 2021 (Ex. SEC-04-008, -009); 29 C.F.R. 1910.502 effective June 21, 2021 with compliance July 6 and July 21, 2021 (Ex. SEC-04-014); QSO-20-39-NH REVISED 04/27/2021; 483.80(g), (h); New Jersey EO 242 (May 24, 2021) kept masking in health care settings including home health care settings (State file); California's June 15, 2021 reopening kept health-care masking (State file).

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Home Care, Nursing and Senior Living (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: 29 C.F.R. 1910.502 in force (compliance July 6 and July 21); 483.80(g), (h), (d)(3); QSO-20-39-NH REVISED 04/27/2021; 1135 waivers and Appendix K; CDC conveyance mask order and TSA directives (FED-A); State health-care masking carve-outs.

Home Care, Nursing and Senior Living (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: all of the above; QSO-20-38-NH REVISED 09/10/2021 (Ex. SEC-04-073); the fifteen jurisdictions' health-care-worker vaccination or testing instruments (California July 26, Aug. 5, Sept. 28; New Jersey EO 252 effective Sept. 7; Connecticut EO 13F deadline Sept. 27; Washington 21-14 deadline Oct. 18; New York 2.61 deadlines Sept. 27 and Oct. 7; Illinois EO 2021-22 deadlines Sept. 19 and Oct. 4; Rhode Island Oct. 1; Maine Oct. 1; Oregon Oct. 18; Delaware Sept. 30; Maryland Sept. 1; Massachusetts Oct. 10; District of Columbia Sept. 30; Philadelphia Oct. 15; Colorado Sept. 30); CMS's Aug. 18 and Sept. 9, 2021 announcements of a staff-vaccination condition of participation (Ex. SEC-04-024); Illinois statewide indoor mask order from Aug. 30, 2021 (Ex. SEC-04-033).

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
Sector regulators	25	31	22	21	25	45	66
Group meetings and trade shows	17	9	2	3	0	5	36
All layers	221	203	184	199	190	217	432

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. How this business operates: Home Care, Nursing and Senior Living

The industry operated for the whole claim period inside a federal regulatory layer that no other industry carries, and that layer is force of law. On March 13, 2020, CMS directed every Medicare- and Medicaid-certified nursing home to restrict visitation of all visitors and non-essential health care personnel except in compassionate-care situations, to cancel communal dining and group activities, and to screen everyone entering (QSO-20-14-NH REVISED, Ex. SEC-04-001), enforced through the conditions of participation and F-tag 563. The same week CMS told hospices (QSO-20-16-Hospice, Ex. SEC-04-011) and home health agencies (QSO-20-18-HHA, Ex. SEC-04-010) to screen every patient and household before or at entry, to source-control ill patients and to remove symptomatic staff mid-visit; on March 23 it suspended routine surveys and substituted focused infection-control surveys (QSO-20-20-All, Ex. SEC-04-018); on March 30 it restricted visitation at ICF/IIDs and PRTFs (QSO-20-23, Ex. SEC-04-013); and by April 13 it fixed the transfer and cohorting rules that governed every admission and discharge between hospitals, nursing homes and home care (QSO-20-25-NH, Ex. SEC-04-026). The section 1135 blanket waivers (Ex. SEC-04-015) and CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017) rewrote how assessments, aide supervision, certifications and face-to-face encounters were performed. The second quarter of 2020 therefore opened with every residential function (VS visitation, DN dining and activities, RS admissions and cohorting) suspended in whole or part by federal order, every in-home function (HC, SN) operating only under compelled screening, source-control and telephonic-substitution rules, and the State stay-home and closure orders (cited by name from the State files) suspending the patient base, the workforce and the transit that aides depend on. The State layer added its own visitation bans and testing orders: Florida DEM Order 20-006 (Mar. 15, 2020) (Ex. SEC-04-040), North Carolina Executive Order No. 120 (Mar. 23, 2020) (Ex. SEC-04-039), Ohio's Director's Order to Limit Access to Nursing Homes (Mar. 13, 2020, amended six times) (Ex. SEC-04-075), California AFL 20-22 (Mar. 13, 2020) (Ex. SEC-04-068), Georgia Executive Order 04.08.20.03 (Ex. SEC-04-060), Philadelphia's Long-Term Care Facility Order (Apr. 8, 2020) (Ex. SEC-04-047), and universal testing orders in New York (EO 202.30, May 10, 2020, twice-weekly staff testing, Ex. SEC-04-049), New Jersey (ED 20-013, May 12, 2020, Ex. SEC-04-042), Pennsylvania (June 8 and June 26, 2020, Ex. SEC-04-050), California (AFL 20-53, June 9, 2020, Ex. SEC-04-069) and Ohio (July 2020, Ex. SEC-04-074). In the third quarter of 2020 the federal layer hardened into regulation: CMS-5531-IFC added the weekly NHSN reporting condition at 42 C.F.R. 483.80(g) (May 8, 2020, Ex. SEC-04-006); CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) added 483.80(h), which requires every facility to test residents and all staff 'including individuals providing services under arrangement and volunteers' on the Secretary's schedule, enforced at F886 (Ex. SEC-04-004, -005); and QSO-20-39-NH (Sept. 17, 2020) replaced the blanket ban with conditional visitation keyed to county positivity, outbreak status and 14 days without new cases (Ex. SEC-04-002). The AARP State-by-State survey as updated September 11, 2020 records nine States still at compassionate-care-only visitation and about twenty more at outdoor-only visitation with indoor visits limited to compassionate care. The fourth quarter of 2020 and first quarter of 2021 carried the same federal instruments through the winter surge; Rhode Island re-limited visitation in November 2020, Oregon suspended indoor visits in high-spread counties, New York restricted visits in high-spread counties, Ohio issued its Sixth Amended Order effective January 7, 2021 (Ex. SEC-04-075), and New Jersey ran its phased Executive Directive 20-026 (Aug. 20, 2020) (Ex. SEC-04-043). On March 10 and April 27, 2021 CMS revised QSO-20-39-NH to permit indoor visitation 'at all times and for all residents' except for unvaccinated residents in facilities under 70 percent vaccinated when county positivity exceeded 10 percent, residents with confirmed COVID-19 and residents in quarantine (Ex. SEC-04-003); that text governed all of the third quarter of 2021 until the November 12, 2021 revision (Ex. SEC-04-077). In the second quarter of 2021 CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021), added the vaccine education, offering and reporting condition at 483.80(d)(3), effective May 21, 2021 (Ex. SEC-04-008, -009), and QSO-21-17-NH (Apr. 8, 2021; updated May 10, 2021) ended several long-term-care blanket waivers (Ex. SEC-04-025). On June 21, 2021 OSHA's COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376, took effect with compliance dates of July 6 and July 21, 2021; it applies to nursing homes, assisted living facilities and home healthcare (86 Fed. Reg. at 32562), states its home-healthcare exception in 1910.502(a)(2)(v) as a condition ('home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present'), and required a written plan, patient and employee screening, PPE, distancing, barriers, cleaning, ventilation, paid medical removal, vaccination leave, training and a COVID-19 log for the whole of the third quarter of 2021 (Ex. SEC-04-014, -023). The third quarter of 2021 is therefore not a quarter without orders for this industry; it is the quarter with the densest layer of sector orders of the period: the ETS all quarter; 483.80(g), (h) and (d)(3) all quarter, with the testing frequency re-keyed to community transmission by QSO-20-38-NH REVISED 09/10/2021 (Ex. SEC-04-073); QSO-20-39-NH REVISED 04/27/2021 all quarter; the 1135 waivers and Appendix K flexibilities all quarter (the HHS emergency was renewed July 20, 2021, FED-A); and the Delta-wave health-care-worker vaccination instruments of fifteen jurisdictions issued between July 26 and September 28, 2021: California (July 26, Aug. 5 and Sept. 28, 2021 State Public Health Officer orders, Ex. SEC-04-036, -035, -037), New Jersey (EO 252, Aug. 6, 2021, effective Sept. 7, 2021, reaching 'licensed home health agencies and registered health care service firms', Ex. SEC-04-030), Connecticut (EO 13B, Aug. 6, 2021, repealed and superseded by EO 13F, Sept. 3, 2021, Ex. SEC-04-031, -051), Washington (Proclamation 21-14, Aug. 9, 2021, Ex. SEC-04-032), Massachusetts (Aug. 4, 2021 nursing-home staff requirement, enforcement Oct. 10, 2021), Delaware (Aug. 12, 2021, Ex. SEC-04-055), Maine (Aug. 12, 2021 emergency rule, Ex. SEC-04-066), New York (Aug. 16, 2021 announcement and 10 NYCRR 2.61, effective Aug. 26, 2021, first dose by Sept. 27, 2021 for hospitals and nursing homes and Oct. 7, 2021 for home care agencies, hospices and adult care facilities, Ex. SEC-04-057, -058), Philadelphia (Board of Health regulation adopted Aug. 12 and effective Aug. 16, 2021, naming home health aides and their employing agencies as Healthcare Institutions, Ex. SEC-04-045, -046), the District of Columbia (Aug. 16, 2021, Sept. 30, 2021 deadline), Rhode Island (216-RICR-20-15-8, emergency adoption Aug. 17, 2021, Ex. SEC-04-053), Maryland (Aug. 18, 2021, first dose by Sept. 1, 2021, Ex. SEC-04-065), Oregon (OAR 333-019-1010, temporary adoptions Aug. 5 and Aug. 25, 2021, Oct. 18, 2021 deadline, Ex. SEC-04-067), Illinois (EO 2021-20, Aug. 26, 2021, amended by EO 2021-22, Sept. 3, 2021, with the statewide indoor mask order from Aug. 30, 2021, Ex. SEC-04-033, -034) and Colorado (Board of Health emergency rulemaking requested Aug. 17, 2021, Ex. SEC-04-056). CMS announced on August 18, 2021 that it was drafting a staff-vaccination condition of participation for nursing homes (Ex. SEC-04-024); the rule itself, CMS-3415-IFC, 86 Fed. Reg. 61555 (Nov. 5, 2021), is post-period and is recorded as such (Ex. SEC-04-021). aides' transit) or group meetings (communal dining, activities, visitation) because of COVID-19.

The functions of the business

The Library records which of these functions each instrument reached. Section 5 names them instrument by instrument and section 9 applies the test to them.

Code	Function
HC	in-home visits
SN	skilled nursing and assessments
RS	residential care (admissions, testing, cohorting)
VS	visitation
IN	intake and referrals (hospital and facility discharges)
IC	infection control and staff mandates
TR	transport of aides
DN	dining and activities
HR	hiring, screening, training and credentialing
OF	office, administration and telework
WF	workforce availability
CB	patients and payers

5. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Federal layer

Ex. FED-170

Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

Congress (Pub. L. 116-127); approved by the President, United States (private employers with fewer than 500 employees; public employers) (Federal)

Dates: In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures); HR payroll and leave administration; OP/OF
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is…

Enforcement: Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions

Citation: Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170) Open the exhibit

Ex. FED-171

Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 19326 (Apr. 6, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR; OP
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

The Secretary of Labor ('Secretary') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic.... DATES: This rule is effective from April 2, 2020, through December 31, 2020. This rule became operational on April 1, 2020.... In general, the FFCRA requires covered employers to provide eligible employees up to two weeks of paid sick leave at full pay, up to a specified cap, when the employee is unable to work because the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

Enforcement: FLSA enforcement (29 C.F.R. § 826.150); DOL investigations

Citation: Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171) Open the exhibit

Ex. FED-159

CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)

Opening Up America Again: Centers for Medicare & Medicaid Services (CMS) Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates: In force from Apr. 19, 2020 to June 8, 2020
Quarters: 2020 Q2
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SX/PR resumption conditions (screening, PPE, testing, facility zoning, visitor limits, distancing in waiting rooms); OC outpatient; CB
Grade: Primary source read
Days in this quarter: 51

To expand capacity to care for these patients and to conserve adequate staff and supplies, especially personal protective equipment (PPE), on March 18 the Centers for Medicare & Medicaid Services (CMS) recommended limiting non-essential care and expanding surge capacity into ambulatory surgical centers and other areas.... Therefore, if states or regions have passed the Gating Criteria (symptoms, cases, and hospitals) announced on April 16, 2020, then they may proceed to Phase I.... Maximum use of all telehealth modalities is strongly encouraged. However, for care that cannot be accomplished virtually, these recommendations -- the first in a series of recommendations -- may guide healthcare systems and facilities as they consider resuming in-person care of non-COVID-19 patients in regions with low incidence of COVID-19 disease.

Enforcement: Recommendations; conditions adopted by State reopening orders for health care

Citation: Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159) Open the exhibit

Ex. FED-180

Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181

Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-160

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-096

CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates: In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-164

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-12-All, Suspension of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all certified providers, suppliers and CLIA laboratories) (Federal)

Dates: In force from Mar. 4, 2020 to May 1, 2023
Quarters: 2020 Q2
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR certification and survey functions (initial certification and change-of-ownership surveys delayed for new providers and acquirers)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Specifically, CMS is suspending non-emergency inspections across the country, allowing inspectors to turn their focus on the most serious health and safety threats like infectious diseases and abuse.... Effective immediately, survey activity is limited to the following (in Priority Order): All immediate jeopardy complaints... Complaints alleging infection control concerns, including facilities with potential COVID-19 or other respiratory illnesses; Statutorily required recertification surveys (Nursing Home, Home Health, Hospice, and ICF/IID facilities); Any re-visits necessary to resolve current enforcement actions; Initial certifications; Surveys of facilities/hospitals that have a history of infection control deficiencies

Enforcement: Governs federal survey operations

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164) Open the exhibit

Ex. FED-088

Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

OSHA, U.S. Department of Labor, United States (all employers) (Federal)

Dates: In force from Mar. 9, 2020 to Jan. 29, 2021
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP context: the federal template (exposure-risk pyramid; engineering, administrative and PPE controls) that State workplace orders incorporated by reference
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.... the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: None as guidance; general duty clause citations used it as the measure of recognized hazard and feasible abatement

Citation: OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088) Open the exhibit

Ex. FED-098

QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-097

QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)

QSO-20-14-NH (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 13, 2020 to Sept. 17, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureGathering capHealth care orders
Functions reached: VS visitation closed to all visitors and 'non-essential healthcare personnel' (home-care-senior-living; hospice; therapy contractors; hair and podiatry services; clergy); RS admissions and cohorting; DN communal dining and group activities cancelled; IN referral flows from hospitals
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

[As CMS restated it in QSO-20-39-NH:] In March of 2020, CMS issued memorandum QSO 20-14-NH providing guidance to facilities on restricting visitation of all visitors and non-essential healthcare personnel, except for certain compassionate care situations, such as an end-of-life situation. [QSO-20-14-NH revised text:] Facilities should actively screen and restrict visitation by those who meet the following criteria... Restricting means the individual should not be allowed in the facility at all, until they no longer meet the criteria above.

Enforcement: F-tag F563 (visitation) and F880 (infection control) survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-264

OMB Memorandum M-20-16

Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch, nationwide) (Federal)

Dates: In force from Mar. 17, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateWorkplace rules
Functions reached: OF federal offices emptied nationwide; PJ contractor performance moved to telework or postponed; CS in-person federal transactions postponed (Social Security offices, IRS taxpayer assistance centers, passport agencies, USCIS, USDA service centers, VA regional offices); CB every business whose customer, licensor or counterparty was a federal office
Grade: Primary source read
Days in this quarter: 35

the Government must immediately adjust operations and services to minimize face-to-face interactions, especially at those offices or sites where people may be gathering in close proximity or where highly vulnerable populations obtain services.... Non-mission-critical functions that cannot be performed remotely or that require in-person interactions may be postponed or significantly curtailed.... Maximize telework across the nation for the Federal workforce (including mandatory telework, if necessary), while maintaining mission-critical workforce needs... Assess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible... Agencies shall communicate with their customers to encourage them to delay transactions which are not time-critical and to ensure that available resources can be re-prioritized to mission-critical activities.

Enforcement: OMB directive; agency facility-access policies for employees, contractors and visitors

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) Open the exhibit

Ex. FED-266

OMB Memorandum M-20-18

Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)

Office of Management and Budget (Deputy Director for Management), United States (federal contractors) (Federal)

Dates: In force from Mar. 20, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandateWorkplace rules
Functions reached: PL staffing, janitorial, security and IT contractor personnel at federal sites; PJ contract performance postponed or converted to telework; CB federal contractor base
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

Agencies are urged to work with their contractors, if they haven't already, to evaluate and maximize telework for contractor employees, wherever possible.... if a contractor is unable to perform in a timely manner due to quarantining, social distancing, or other COVID-19 related interruptions, agencies should consider whether excusable delay provisions apply...

Enforcement: OMB directive to contracting officers

Citation: Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266) Open the exhibit

Ex. FED-099

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Ex. FED-184

Emergency Use Authorization Declaration: drugs and biological products

Emergency Use Authorization Declaration, 85 Fed. Reg. 18250 (Apr. 1, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: legal basis of every COVID-19 vaccine and therapeutic EUA
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

On March 27, 2020, on the basis of my determination of a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves the novel (new) coronavirus, I declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184) Open the exhibit

Ex. FED-090

CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period)

Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid providers) (Federal)

Dates: In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth under waivers (physician practices, behavioral health); HC/SN home health (homebound clarification; telecommunications technology on the plan of care); OF billing and administration of every Medicare provider; CB patients and payers
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

Effective date: These regulations are effective on March 31, 2020. Applicability date: These regulations are applicable beginning on March 1, 2020.

Enforcement: Binding regulations (42 C.F.R. as amended); claims and survey enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090) Open the exhibit

Ex. FED-158

CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020)

Non-Emergent, Elective Medical Services, and Treatment Recommendations

Centers for Medicare & Medicaid Services, HHS, United States (all healthcare facilities and clinicians) (Federal)

Dates: In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX surgery and elective procedures (hospitals); PR procedures and elective visits (physician practices); PR/CH elective and aerosol-generating dental procedures; DX diagnostics and preventive services; CB patient volumes
Grade: Primary source read
Days in this quarter: 13

CMS, in collaboration with medical societies and associations, recently created recommendations to postpone non-essential surgeries and other procedures. This document provides recommendations to limit those medical services that could be deferred, such as non-emergent, elective treatment, and preventive medical services for patients of all ages. A tiered framework is recommended to prioritize services and care to those who require emergent or urgent attention to save a life, manage severe disease, or avoid further harms from an underlying condition.... CMS urges healthcare facilities and clinicians to consider the following tiered approach to curtailing non-emergent, elective medical services and treatment.

Enforcement: Recommendations; made mandatory by State elective-procedure orders and referenced in CMS survey guidance

Citation: Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158) Open the exhibit

Ex. FED-268

OMB/OPM Memorandum M-20-23

Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again

Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), United States (executive branch) (Federal)

Dates: In force from Apr. 20, 2020 to June 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Telework mandateWorkplace rules
Functions reached: OF federal offices on maximum telework through the gating period, geography by geography; CS visitor screening and access limits at every federal facility; PJ contractor access
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

Gating Period: Agencies should continue in 'Maximum Telework Flexibility' operating status, at the discretion of the agency head.... Facilities Screening. Agencies must ensure their policies and procedures restrict individuals infected with or at higher risk for serious illness from COVID-19 from accessing Federal facilities... These agency policies must include specific considerations for Federal employees, contractors and visitors.... Agencies must continue to maximize telework flexibilities specifically for workers... at higher risk...

Enforcement: OMB/OPM directive; facility decisions by each GSA building's Designated Official and Facility Security Committee

Citation: Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) Open the exhibit

Ex. FED-073

Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)

Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, 85 Fed. Reg. 26313 (May 1, 2020)

President Donald J. Trump, United States (meat and poultry processors; food supply chain resources) (Federal)

Dates: In force from Apr. 28, 2020 to Apr. 10, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesSupply chain
Functions reached: PK packing and processing plants (agriculture-food); SC meat supply to restaurants, retail and food service; WF plant workforces (federal direction to operate under CDC/OSHA conditions); DS distribution
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2.... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

Enforcement: DPA § 101 orders by USDA; DPA § 103 penalties

Citation: President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073) Open the exhibit

Ex. FED-091

CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)

Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program, 85 Fed. Reg. 27550 (May 8, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: RS residential care (nursing homes: weekly federal reporting; resident and family notification); OF administration; HC home health (NP/PA certification under CARES § 3708)
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

Effective date: These regulations are effective on May 8, 2020. Applicability date: The policies in this IFC are applicable beginning on March 1, 2020, or January 27, 2020... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety Network.

Enforcement: F-tags F884 and F885; civil money penalties for LTC facilities; claims enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091) Open the exhibit

Ex. FED-161

QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting

QSO-20-29-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: OF administration (weekly federal reporting); RS resident and family notification; HR staffing-shortage reporting
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

COVID-19 Reporting Requirements: CMS is requiring nursing homes to report COVID-19 facility data to the Centers for Disease Control and Prevention (CDC) and to residents, their representatives, and families of residents in facilities. Enforcement: Failure to report in accordance with 42 CFR §483.80(g) can result in an enforcement action.... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary. This report must include but is not limited to-(i) Suspected and confirmed COVID-19 infections among residents and staff... (vii) Staffing shortages... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety…

Enforcement: F-tags F884 and F885; civil money penalties (escalating weekly)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161) Open the exhibit

Ex. FED-157

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials

CMS, Quality, Safety & Oversight Group, United States (nursing homes; State and local officials) (Federal)

Dates: In force from May 18, 2020 to Mar. 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Capacity limitGathering capHealth care orders
Functions reached: VS visitation phases; DN communal dining and group activities by phase; HR non-essential personnel entry by phase (salons, therapy, volunteers); RS admissions
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

Recommendations for State and Local Officials: CMS is providing recommendations to help determine the level of mitigation needed to prevent the transmission of COVID19 in nursing homes. The recommendations cover the following items: Criteria for relaxing certain restrictions and mitigating the risk of resurgence: Factors to inform decisions for relaxing nursing home restrictions through a phased approach. Visitation and Service Considerations: Considerations allowing visitation and services in each phase.... Given the critical importance in limiting COVID-19 exposure in nursing homes, decisions on relaxing restrictions should be made with careful review of a number of facility-level, community, and State factors/orders

Enforcement: Recommendations; implemented by State orders and directives and by survey

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157) Open the exhibit

Ex. FED-165

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-31-All (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from June 1, 2020 to Mar. 30, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: IC infection control (nursing homes under mandatory focused surveys); OF
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

[Directs States to complete focused infection control surveys of every nursing home by July 31, 2020 as a condition of CARES Act survey funding; expands survey activities; imposes enhanced enforcement (escalating civil money penalties) for infection-control deficiencies]

Enforcement: Enhanced civil money penalties for F880 infection-control deficiencies; State funding conditions

Ex. FED-325

USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

U.S. Citizenship and Immigration Services, United States (USCIS domestic offices) (Federal)

Dates: In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementCourts and public officesWorkplace rules
Functions reached: HR; CS
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person [services]... Members of the public must wear facial coverings that cover both the mouth and nose when entering [facilities]...

Enforcement: agency entry conditions

Citation: U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325) Open the exhibit

Ex. FED-236

Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

DHS (Secretary Alejandro N. Mayorkas), United States-Canada land border (Federal)

Dates: In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineVaccination or testing
Functions reached: TV; CB; MK
Grade: Primary source read
Days in this quarter: 0

DATES: This notification goes into effect at 12 a.m. Eastern Daylight Time (EDT) on October 22, 2021 and will remain in effect until 11:59 p.m. Eastern Standard Time (EST) on January 21, 2022, unless amended or rescinded prior to that time.... This Notification further announces that the Secretary intends to lift these limitations for individuals who are fully vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention) to align with anticipated changes to international travel by air.... These restrictions also can be modified by the Secretary at any point prior to January 21, 2022 to allow nonessential travel through land ports of entry and ferry terminals for individuals who are fully vaccinated and have appropriate proof of vaccination.

Enforcement: CBP; 19 U.S.C. § 1318(b)

Citation: DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236) Open the exhibit

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates: In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200

Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-001

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (respirator supply) in every health care and industrial sector
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-201

Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel; CB foreign customer base
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Ex. FED-262

OMB Memorandum M-20-13

Updated Guidance on Telework Flexibilities in Response to Coronavirus

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch) (Federal)

Dates: In force from Mar. 12, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF federal office premises begin to empty; CS client and customer access to federal offices; PJ federal procurement and contracting-officer availability
Grade: Primary source read
Days in this quarter: 39 (in force on the first day)

All Federal Executive Branch departments and agencies are encouraged to maximize telework flexibilities to eligible workers within those populations that the Centers for Disease Control and Prevention (CDC) has identified as being at higher risk... Additionally, agencies are encouraged to consult with local public health officials and the CDC about whether to extend telework flexibilities more broadly to all eligible teleworkers in areas in which either such local officials or the CDC have determined there is community spread.

Enforcement: OMB management directive to agency heads

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262) Open the exhibit

Ex. FED-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCourts and public offices
Functions reached: CT; CS Washington tourism and visitor commerce
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-338

General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

Chief Judge Rebecca R. Pallmeyer, United States District Court for the Northern District of Illinois (Court)

Dates: In force from Mar. 12, 2020 to Nov. 13, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT the first of the Chicago federal court's COVID-19 orders; civil jury trials continued from Mar. 12, 2020
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

hereby issues the following order effective immediately: 1. The United States Courthouses in Chicago and Rockford, Illinois will remain open for business, subject [to the following]... 2. The following events in the Northern District of Illinois, scheduled to begin before April 3, 2020, are continued pending further order of the Court: All civil jury trials [and civil and criminal bench trials, and criminal jury trials except as ordered]... 9. Effective March 14, all mass public gatherings, other than court proceedings, are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse [in Rockford]... 12. The Court will vacate or amend this General Order no later than April 3, 2020. Dated at Chicago, Illinois this 12th day of March, 2020

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338) Open the exhibit

Ex. FED-006

Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates: In force from Mar. 13, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-202

Proclamation 9993

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Schengen Area), 85 Fed. Reg. 15045 (Mar. 16, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: TV inbound European business travel; SC European supplier visits and engineering support; MK European attendance at U.S. trade shows; CB European customers and distributors; TR outbound travel (European reciprocal bans as facts and circumstances)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202) Open the exhibit

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

No Sail Order and Suspension of Further Embarkation, 85 Fed. Reg. 16628 (Mar. 24, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States (all cruise ships in U.S. waters or intending to return; 250+ passenger capacity) (Federal)

Dates: In force from Mar. 14, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV travel demand (hotels-travel); GS group sales and travel agencies; CB cruise passengers and the port economies (Miami, Port Canaveral, Galveston, Seattle, Los Angeles, New Orleans, Baltimore, New York); SC provisioning and port services
Grade: Primary source read
Days in this quarter: 109 (in force on the last day)

announces the issuance of a No Sail Order and Suspension of Further Embarkation on March 14, 2020 for all cruise ships that are not voluntarily suspending operation.... This Notice of No Sail Order and Other Measures Related to Operations shall apply only to the subset of carriers described below and hereinafter referred to as 'cruise ships,' except this Order shall not apply to any cruise ship that voluntarily suspends operations for the period of this Order

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2 (criminal penalties); Coast Guard captain-of-the-port authority

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027) Open the exhibit

Ex. FED-263

OMB Memorandum M-20-15

Updated Guidance for the National Capital Region on Telework Flexibilities in Response to Coronavirus

Office of Management and Budget (Acting Director Russell T. Vought), United States (National Capital Region) (Federal)

Dates: In force from Mar. 15, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF Washington-area federal offices; CS downtown Washington commerce (food service, retail, parking, transit) dependent on 360,000 federal workers; CB
Grade: Primary source read
Days in this quarter: 3

All Federal Executive Branch departments and agencies within the National Capital Region (NCR), consistent with OMB's recent guidance (OMB M-20-13), are asked to offer maximum telework flexibilities to all current telework eligible employees... agency heads should develop an operational plan that maximizes resources and functional areas to most safely and efficiently deliver these mission-critical functions and other Government services (including but not limited to staggered work schedules and other operational mitigation measures).

Enforcement: OMB management directive

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263) Open the exhibit

Ex. FED-190

The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread

The President's Coronavirus Guidelines for America - 15 Days to Slow the Spread

The President and the White House Coronavirus Task Force (with CDC), United States (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached: context: the federal template for the ten-person gathering limit, the telework instruction, the closure of bars, restaurants and gyms, and the travel restraint that State orders enacted
Grade: Primary source read
Days in this quarter: 46

[image-only PDF; text as read in the prior verified research:] Listen to and follow the directions of your STATE AND LOCAL AUTHORITIES.... Work or engage in schooling FROM HOME whenever possible.... AVOID SOCIAL GATHERINGS in groups of more than 10 people.... Avoid eating or drinking at bars, restaurants, and food courts - USE DRIVE-THRU, PICKUP, OR DELIVERY OPTIONS. AVOID DISCRETIONARY TRAVEL, shopping trips, and social visits.... IN STATES WITH EVIDENCE OF COMMUNITY TRANSMISSION, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where groups of people congregate should be closed.

Enforcement: None (guidance); the template every State stay-at-home and closure order of March 2020 implemented

Citation: The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190) Open the exhibit

Ex. FED-203

Proclamation 9996

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (United Kingdom and Republic of Ireland), 85 Fed. Reg. 15341 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: TV inbound UK and Irish business travel; CB UK and Irish customers; MK trade shows
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020.

Enforcement: Sec. 3 implementation by State and DHS

Citation: President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203) Open the exhibit

139 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Ex. SEC-04-069

All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021)

COVID-19 Mitigation Plan Implementation and Testing Requirements for Skilled Nursing Facilities

California Department of Public Health, Licensing and Certification Program, California (State)

Dates: In force from June 9, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC; HR; RS; WF
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below, facilities must comply with requirements set forth in the July 26, 2021 [State Public Health Officer Order]...

Enforcement: CDPH licensing; SPHO orders

Citation: California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) Open the exhibit

Ex. SEC-04-047

Order of the Health Commissioner regarding Long-Term Care Facilities

Order Regarding Long-Term Care Facilities (COVID-19)

Health Commissioner, Philadelphia Department of Public Health, City of Philadelphia, Pennsylvania (City)

Dates: In force from Apr. 8, 2020 to Sept. 23, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS; RS; IC; IN; OF reporting
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

Not machine-readable (scanned PDF); described from the City's emergency-orders collection as the Commissioner's order imposing screening, isolation, cohorting, reporting and visitor restrictions on long-term care facilities.

Enforcement: Philadelphia Code 6-205; Board of Health fines regulation (Apr. 29, 2020)

Citation: Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047) Open the exhibit

Ex. SEC-04-060

Executive Order 04.08.20.03

Ensuring the safety of employees and residents of nursing homes and long-term care facilities in response to COVID-19

Governor Brian P. Kemp, Georgia (State)

Dates: In force from Apr. 8, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS; RS; IC; HR; IN
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

Not machine-readable (scanned PDF); title from the Governor's 2020 executive orders index. Described from the State file as requiring long-term care facilities to restrict visitors and non-essential personnel, screen staff, isolate symptomatic residents, and cooperate with DPH.

Enforcement: O.C.G.A. 38-3-7 (misdemeanor); DCH licensure

Citation: Governor Brian P. Kemp, Executive Order 04.08.20.03 (Apr. 8, 2020) (Ex. SEC-04-060) Open the exhibit

Ex. SEC-04-049

Executive Order No. 202.30

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

Governor Andrew M. Cuomo, New York (State)

Dates: In force from May 10, 2020 to June 24, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC twice-weekly testing of all personnel; HR; WF; IN hospital discharges conditioned on a negative test; RS; CB
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

[It is] necessary to require that the operator and administrator of all nursing homes and all adult care facilities, [test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff,] operators and administrators, for COVID-19, twice per week, pursuant to a plan developed by the facility... [and to prohibit] any personnel who refuse [testing]... [from] having unrestricted access to the facility... [and that hospitals shall not discharge a patient to a nursing home unless the patient has tested negative].

Enforcement: Public Health Law 12 (civil penalties up to $2,000 per violation as recited in the EO series); licensure

Citation: Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049) Open the exhibit

Ex. SEC-04-042

Executive Directive No. 20-013 (revised May 20, 2020)

Long-Term Care Facility COVID-19 Testing Plan and Staff Testing Requirements

Judith M. Persichilli, Commissioner, New Jersey Department of Health, New Jersey (State)

Dates: In force from May 12, 2020 to Aug. 20, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC; RS; HR; WF; IN contracted staff
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

This revised Executive Directive replaces Executive Directive 20-013 issued on May 12, 2020.... [facilities] shall supplement or amend their current disease outbreak plan to [include a COVID-19 testing plan]... 2. At a minimum, the Plan shall be consistent with currently available CDC and [Department] guidance... 3. Testing shall occur as follows: a. Baseline molecular testing of staff and residents/patients completed by or [before May 26, 2020]; b. Retesting of individuals who test negative at baseline within 3-7 days after [the baseline test]... [and continued periodic testing of staff].

Enforcement: N.J.S.A. 26:13-19 et seq.; licensure under N.J.A.C. 8:39, 8:36

Citation: Judith M. Persichilli, Commissioner, New Jersey Department of Health, Executive Directive No. 20-013 (revised May 20, 2020) (May 12, 2020) (Ex. SEC-04-042) Open the exhibit

Ex. SEC-04-015

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services (section 1135 waiver authority), United States (Federal)

Dates: In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: SN remote initial assessments and aide supervision; HC; RS room grouping, cohorting, alternate sites, roommate changes without notice; IN 3-day stay waiver altering admissions; HR nurse aide training and certification waiver (temporary nurse aides); OF
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Home Health Agencies:... CMS is waiving the requirements... at 42 CFR 484.55(a)(2) and 484.55(b)(3)... to allow HHAs to perform initial assessments and determine patients' homebound status remotely or by record review... 484.80(h)... waiving the requirements... for a nurse to conduct an onsite visit every two weeks [aide supervision]... Long Term Care Facilities: 3-Day Prior Hospitalization... waiving the requirement... Resident Groups... waiving 483.10(f)(5)... Training and Certification of Nurse Aides... waiving 483.35(d)... Physical Environment... waiving 483.90... to allow for a non-SNF building to be temporarily certified... Resident Roommates and Grouping... 483.10(e)(5), (6) and (7)... Hospice:... waiving 418.76(h) [aide supervision]... 418.78(e) [volunteers]... 418.54(d) [comprehensive assessment update timeframes]... (as read from the CMS summary).

Enforcement: Conditions of participation as modified; CMS survey

Citation: Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015) Open the exhibit

Ex. SEC-04-078

Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date)

Appendix K: Emergency Preparedness and Response

Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Pennsylvania Medicaid (Community HealthChoices waiver PA.0386 and OBRA waiver PA.0235), as the exemplar of every State's Appendix K (Federal)

Dates: In force from Mar. 6, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: HC telephonic delivery of verbal-cueing personal care; SN remote assessments and reassessments; IN remote intake and service planning; CB payer rules and family caregivers paid in place of agency aides; WF; OF; HR modified provider qualifications and training; VS visitor suspension in provider-owned settings
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

F. Proposed Effective Date: Start Date: March 6, 2020 Anticipated End Date: May 11, 2023... This amendment will apply waiver-wide for each waiver included in this Appendix, to all individuals impacted by the virus or the response to the virus (e.g. closure of day programs, etc.)... Face-to-face initial level of care assessments may be conducted remotely using phone or video conferencing... Allow remote/telephone individual monitoring by Service Coordinators where face-to-face contacts are currently required... Temporarily include retainer payments... Add an electronic method of service delivery (e.g. telephonic) allowing services to continue to be provided remotely in the home setting for... Personal care services that only require verbal cueing... Spouses, legal guardians, and persons with power of attorney may [serve] as paid direct care workers... Suspend requirements for allowing…

Enforcement: Federal waiver terms; conditions of Medicaid payment; MCO provider agreements

Citation: Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078) Open the exhibit

Ex. SEC-04-011

QSO-20-16-Hospice

Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Hospice Agencies

Centers for Medicare & Medicaid Services, United States (Medicare hospices) (Sector regulator)

Dates: In force from Mar. 9, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: HC hospice home visits; SN; RS inpatient hospice units; VS; IC; IN entry to nursing facilities and assisted living
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Hospices should... identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home or facility... [screen] hospice staff... [restrict] visitors and non-essential personnel... in hospice inpatient units [and follow] CDC guidance for facilities in which hospice patients reside (as read; the live copy is the expired-stamped revision carrying the original posting date).

Enforcement: Survey under part 418

Citation: Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011) Open the exhibit

Ex. SEC-04-010

QSO-20-18-HHA

Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, United States (Medicare- and Medicaid-participating home health agencies) (Sector regulator)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: HC pre-entry screening of every patient and household at every visit; source control; SN; IC; HR symptomatic staff removed mid-visit; WF; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.... For ill patients, implement source control measures... Health care providers (HCP) who have signs and symptoms of a respiratory infection should not report to work. Any staff that develop signs and symptoms of a respiratory infection while on-the-job, should: Immediately stop work, put on a facemask, and self-isolate at home... This guidance applies to both Medicare and Medicaid providers.

Enforcement: Survey under the HHA conditions of participation (42 C.F.R. 484.70); State survey agencies

Citation: Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010) Open the exhibit

Ex. SEC-04-001

QSO-20-14-NH (REVISED)

Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in nursing homes (REVISED)

Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, United States (Medicare- and Medicaid-certified nursing homes) (Sector regulator)

Dates: In force from Mar. 13, 2020 to Sept. 17, 2020 (issued Mar. 9, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: VS visitation closed; DN communal dining and group activities cancelled; RS admissions screening and cohorting; IN entry of non-essential health care personnel barred; IC universal screening; CB residents' access to families
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Facilities should restrict visitation of all visitors and non-essential health care personnel, except for certain compassionate care situations, such as an end-of-life situation.... Cancel communal dining and all group activities, such as internal and external group activities.... Actively screen residents and staff for fever and respiratory symptoms. (Revised text as read; the nationwide restriction is recited in QSO-20-39-NH: 'In March of 2020, CMS issued memorandum QSO 20-14-NH providing guidance to facilities on restricting visitation of all visitors and non-essential healthcare personnel, except for certain compassionate care situations.')

Enforcement: F-tag 563 (42 C.F.R. 483.10(f)(4)); F880 infection control; civil money penalties and termination under part 488

Citation: Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-14-NH (REVISED) (Mar. 9, 2020) (Ex. SEC-04-001) Open the exhibit

Ex. SEC-04-068

All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021)

Guidance for Limiting the Transmission of COVID-19 in Skilled Nursing Facilities: Visitation

California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, California (State)

Dates: In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: VS visitor vaccination verification and testing in Q3 2021; RS; IC; IN; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

August 12, 2021 AFL 20-22.9 (This AFL supersedes AFL 20-22.8)... This AFL authorizes SNFs to temporarily modify their facility's visitation policies in accordance with CMS [QSO-20-39-NH]... [SNFs must have procedures] for verifying the vaccination status of all visitors seeking indoor visitation, and for obtaining and tracking documentation of SARS-CoV-2 diagnostic test of all visitors who are unvaccinated and incompletely vaccinated to have an indoor visit.

Enforcement: CDPH licensing and certification; 22 C.C.R.

Citation: California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068) Open the exhibit

Ex. SEC-04-026

QSO-20-25-NH

2019 Novel Coronavirus (COVID-19) Long-Term Care Facility Transfer Scenarios

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from Apr. 13, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolation
Functions reached: RS admissions and cohorting; IN hospital discharges; IC; CB
Grade: Primary source read
Days in this quarter: 79 (in force on the last day)

Transfer scenarios... facilities should [cohort] residents... a nursing home should accept a resident... from a hospital... [only] where it can follow CDC guidance for Transmission-Based Precautions... [and] dedicate a unit or wing exclusively for residents with COVID-19... (as read from the expired-stamped copy).

Enforcement: Survey; 483.15

Citation: Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026) Open the exhibit

Ex. SEC-04-006

CMS-5531-IFC, 85 Fed. Reg. 27550

Centers for Medicare & Medicaid Services, United States (Federal)

Dates: In force from May 8, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: OF weekly federal reporting; IC case notification; CB family notification; RS
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

483.80(g)(1): the facility must electronically report information about COVID-19 in a standardized format specified by the Secretary... to the CDC's National Healthcare Safety Network... (g)(2)... at a frequency specified by the Secretary, but no less than weekly... (g)(3)... inform residents, their representatives, and families... by 5 p.m. the next calendar day following the occurrence of... a single confirmed infection... or three or more residents or staff with new-onset of respiratory symptoms.

Enforcement: Civil money penalties under 42 C.F.R. 488.447

Citation: Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006) Open the exhibit

Ex. SEC-04-007

QSO-20-29-NH

Interim Final Rule Updating Requirements for Notification of Confirmed and Suspected COVID-19 Cases Among Residents and Staff in Nursing Homes

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: OF; IC; CB
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

COVID-19 Reporting Requirements: CMS is requiring nursing homes to report [COVID-19 facility data to the CDC NHSN]... Enforcement: Failure to report in accordance with 42 CFR 483.80(g) can result in an enforcement action [with civil money penalties].

Enforcement: 42 C.F.R. 488.447

Citation: Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007) Open the exhibit

Ex. SEC-04-050

Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities (June 26, 2020), with the June 8, 2020 order for skilled nursing facilities

Requirements for Testing of Residents and Staff in Long-Term Care Facilities

Secretary of the Pennsylvania Department of Health (order); Department of Human Services (implementing page), Pennsylvania (State)

Dates: In force from June 26, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC; RS; HR; IN contracted staff; WF
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

Per the Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities, issued June 26, 2020, Personal Care Homes (PCHs), Assisted Living Residences (ALRs), and [Intermediate Care Facilities are required to complete universal testing for SARS-CoV-2, the virus] that causes COVID-19, of all residents and staff no later than August 31, 2020. Universal testing includes: any [resident and any staff member, including contracted staff]... In order to be compliant with this Order, a facility that is unfamiliar with how to test is expected to pursue contracting with an external vendor to support universal testing.

Enforcement: 35 P.S. 521.20 (penalties); DHS and DOH licensure

Citation: Secretary of the Pennsylvania Department of Health (order); Department of Human Services (implementing page), Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities (June 26, 2020), with the June 8, 2020 order for skilled nursing facilities (Ex. SEC-04-050) Open the exhibit

Ex. SEC-04-017

CMS-1744-IFC, 85 Fed. Reg. 19230

Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency

Centers for Medicare & Medicaid Services, United States (Federal)

Dates: In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HC; SN remote visits not billable as visits; IN certification and face-to-face rules; CB homebound population enlarged by order; OF billing
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Home health agencies... may furnish services using telecommunications technology... as long as such services do not substitute for in-person visits ordered on the plan of care... Clarification of Homebound Status... a beneficiary is considered homebound if... a physician has determined that it is medically contraindicated for the beneficiary to leave the home because he or she has a confirmed or suspected diagnosis of COVID-19 [or a condition making the beneficiary more susceptible]... Hospice:... the face-to-face encounter... may be conducted via telehealth... (as read).

Enforcement: Medicare payment conditions

Citation: Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017) Open the exhibit

Ex. SEC-04-063

Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers

Temporary Operational Waivers for Home Health Agencies and Hospices during the COVID-19 emergency

New Jersey Department of Health, Certificate of Need and Licensing, New Jersey (State)

Dates: In force from Mar. 13, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersOther
Functions reached: HC; IN; OF reporting; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

[Where the emergency] so significantly affects the ability of a Home Health Agency or Hospice to offer its full array of services, the Department of Health (Department) will not require prior Department approval of temporary waivers for the following services from Home Health Agencies and Hospices that are affected by such an event: 1. Providing home health services to patients outside of the approved license/CN geography; or 2. Providing hospice services to patients outside the hospice service area. Affected Home Health Agencies and Hospices... will be required to provide a written report to the Department detailing which [waivers were used].

Enforcement: Licensure

Citation: New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063) Open the exhibit

Ex. SEC-04-040

DEM Emergency Order No. 20-006

In re: COVID-19 Public Health Emergency (prohibiting visitation to long-term care and similar facilities)

Jared Moskowitz, Director, Florida Division of Emergency Management, under Executive Order 20-52, Florida (State)

Dates: In force from Mar. 15, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Gathering capHealth care orders
Functions reached: VS; DN; RS; IN; IC; CB
Grade: Primary source read
Days in this quarter: 108 (in force on the last day)

Not machine-readable (scanned PDF). DEM Order 20-009 recites that Director Moskowitz was directed 'to prohibit visitation to certain facilities in' the State and lists the facility types (Long-Term Care Hospitals under chapter 395, part I; Nursing Homes; ICF/DDs under chapter 400; Assisted Living Facilities under chapter 429; adult family-care homes; group homes).

Enforcement: Fla. Stat. 252.47, 252.50 (second-degree misdemeanor); AHCA licensure

Citation: Jared Moskowitz, Director, Florida Division of Emergency Management, under Executive Order 20-52, DEM Emergency Order No. 20-006 (Mar. 15, 2020) (Ex. SEC-04-040) Open the exhibit

Ex. SEC-04-018

QSO-20-20-All

Prioritization of Survey Activities

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from Mar. 23, 2020 to Aug. 17, 2020
Quarters: 2020 Q22020 Q3
Limitations: Workplace rulesOther
Functions reached: IC focused infection control surveys; OF; RS; HR
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

CMS is prioritizing and suspending certain Federal and State Survey Agency (SA) surveys... Only the following types of federal surveys will be prioritized and conducted: Complaint/facility-reported incident surveys... at the Immediate Jeopardy level; Targeted Infection Control Surveys... Self-assessments... [using the] COVID-19 Focused Survey for Nursing Homes.

Enforcement: Survey and enforcement under part 488

Citation: Centers for Medicare & Medicaid Services, QSO-20-20-All (Mar. 23, 2020) (Ex. SEC-04-018) Open the exhibit

Ex. SEC-04-039

Executive Order No. 120

Additional Limitations on Mass Gatherings, Restrictions on Venues and Long Term Care Facilities, and Extension of School Closure Date

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 23, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capSchools and child careHealth care orders
Functions reached: VS; RS; IN; IC; CB
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

Not machine-readable (scanned PDF); title and date read from the Governor's document page ('Executive Order No. 120', published Mar. 23, 2020). The order's long term care section restricted visitors to long term care facilities except in compassionate care situations and required screening of all who entered (described from the State file).

Enforcement: N.C. Gen. Stat. 166A-19.30(d), 14-288.20A (Class 2 misdemeanor)

Citation: Governor Roy Cooper, Executive Order No. 120 (Mar. 23, 2020) (Ex. SEC-04-039) Open the exhibit

Ex. SEC-04-013

QSO-20-23-ICF/IID & PRTF

Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) and Psychiatric Residential Treatment Facilities (PRTFs)

Centers for Medicare & Medicaid Services, United States (ICF/IIDs and PRTFs) (Sector regulator)

Dates: In force from Mar. 30, 2020 to Feb. 10, 2021
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Gathering capHealth care orders
Functions reached: VS; DN; RS; IC
Grade: Primary source read
Days in this quarter: 93 (in force on the last day)

Facilities should actively screen and restrict visitation or healthcare service providers (e.g. contract therapist) by those who meet the following criteria: 1. Signs or symptoms of a respiratory infection, such as a fever, cough, or difficulty breathing....

Enforcement: Survey and certification

Citation: Centers for Medicare & Medicaid Services, QSO-20-23-ICF/IID & PRTF (Mar. 30, 2020) (Ex. SEC-04-013) Open the exhibit

Ex. SEC-04-064

Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency

Blanket Waiver for Home Health Agency Licensing Standards

Commissioner of Health, New Jersey (State)

Dates: In force from Apr. 24, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersOther
Functions reached: SN aide supervision; HR; HC; OF
Grade: Primary source read
Days in this quarter: 68 (in force on the last day)

N.J.A.C. 8:42-2.6 grants the Department the authority to waive regulations affecting Home Health Agencies and to ensure that necessary care is provided as Home Health Agencies experience staffing issues due to the Public Health Emergency posed by COVID-19.... the Department is issuing a blanket waiver from any provisions of N.J.A.C. 8:42 that are more stringent than [the CMS waivers and guidance].

Enforcement: Licensure

Citation: Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064) Open the exhibit

Ex. SEC-04-012

QSO-20-30-NH (REVISED 03/10/2021)

Nursing Home Reopening Recommendations for State and Local Officials

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from May 18, 2020 to Mar. 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Gathering capHealth care orders
Functions reached: VS; DN communal dining restored only in Phase 3; RS; IC baseline and weekly testing as reopening criteria; IN
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

Nursing homes should be among the last to reopen within the community... Phase 1... Visitation: prohibited except for compassionate care situations... Phase 2... Visitation: still generally prohibited... Phase 3... Visitation allowed with screening and additional precautions... Criteria for relaxing restrictions: no new nursing home onset of COVID-19 cases for 28 days... adequate staffing... access to adequate testing... baseline test of all residents [and] weekly testing of all staff.

Enforcement: Framework adopted by State orders; F563/F880

Citation: Centers for Medicare & Medicaid Services, QSO-20-30-NH (REVISED 03/10/2021) (May 18, 2020) (Ex. SEC-04-012) Open the exhibit

Ex. SEC-04-062

DEM Emergency Order No. 20-007

In re: COVID-19 Public Health Emergency (extending the long-term care visitation prohibition)

Director, Florida Division of Emergency Management, Florida (State)

Dates: In force from May 18, 2020 to July 13, 2020
Quarters: 2020 Q22020 Q3
Limitations: Gathering capHealth care orders
Functions reached: VS; RS; IN; CB
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

[Extends DEM Order 20-006's visitation prohibition for the duration of the extended state of emergency] (as read).

Enforcement: Fla. Stat. 252.47, 252.50

Citation: Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-007 (May 18, 2020) (Ex. SEC-04-062) Open the exhibit

Ex. SEC-04-019

QSO-20-31-All (REVISED 01/04/2021)

Revised COVID-19 Survey Activities, CARES Act Funding, Enhanced Enforcement for Infection Control deficiencies, and Quality Improvement Activities in Nursing Homes

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from June 1, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rulesOther
Functions reached: IC; OF; HR
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Enhanced enforcement for infection control deficiencies... States must perform focused infection control surveys of 100 percent of nursing homes by July 31, 2020... civil money penalties [escalated] for facilities with infection control deficiencies (as read).

Enforcement: Escalated CMPs; State survey performance conditions on CARES Act funds

Citation: Centers for Medicare & Medicaid Services, QSO-20-31-All (REVISED 01/04/2021) (June 1, 2020) (Ex. SEC-04-019) Open the exhibit

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Federal layer

Ex. FED-168

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from Aug. 26, 2020 to Sept. 23, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC/RS nursing homes (home-care-senior-living); HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL); OF
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.

Enforcement: F-tag F886 citations; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168) Open the exhibit

Ex. FED-092

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 54820 (Sept. 2, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid long-term care facilities; hospitals and CAHs; CLIA laboratories) (Federal)

Dates: In force from Sept. 2, 2020 to May 11, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: RS residential care and IC infection control (nursing homes: mandatory routine staff testing keyed to county positivity, FED-168); HR/WF of nursing homes and of every contractor, therapist, hospice worker, agency nurse and vendor 'providing services under arrangement' (staffing agencies PL; home health HC; physicians CL); IP/ED hospitals (federal daily reporting)
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

This interim final rule with comment period (IFC) revises regulations to strengthen CMS' ability to enforce compliance with Medicare and Medicaid long-term care (LTC) facility requirements for reporting information related to coronavirus disease 2019 (COVID-19), establishes a new requirement for LTC facilities for COVID-19 testing of facility residents and staff, establishes new requirements in the hospital and critical access hospital (CAH) Conditions of Participation (CoPs) for tracking the incidence and impact of COVID-19... § 483.80(h): The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: F-tag F886 citations and civil money penalties for LTC facilities; hospital CoP enforcement (42 C.F.R. § 482.42(e)); CLIA sanctions

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092) Open the exhibit

Ex. FED-172

Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR (health care employers lost the broad exclusion from Sept. 16, 2020)
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement: FLSA enforcement

Citation: Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172) Open the exhibit

Ex. FED-166

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-35-ALL

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from Aug. 17, 2020 to May 1, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: CT/HR survey and enforcement functions of certified providers (documents the March 23 - May 31, 2020 hold on onsite revisits and enforcement cases)
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

CMS is revising guidance on the expansion of survey activities to authorize onsite revisits and other survey types. CMS is providing guidance to State Survey Agencies (SAs) on resolving enforcement cases: CMS is providing guidance on resolving enforcement cases that were previously directed to be held, and providing guidance on Civil Money Penalty (CMP) collection. Expanded Desk Review Authority: CMS is temporarily expanding the desk review policy to include review of continuing noncompliance following removal of Immediate Jeopardy (IJ), which would otherwise have required an onsite revisit from March 23, 2020, through May 31, 2020.

Enforcement: Governs survey and enforcement operations

Ex. FED-154

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)

QSO-20-39-NH, Nursing Home Visitation - COVID-19

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (outdoor preferred; indoor only where no new onset of cases in 14 days and county positivity below 10 percent; compassionate care); DN communal activities; RS cohorting
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Enforcement: F-tag F563 and F880 survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154) Open the exhibit

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Court)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, United States (VA-guaranteed home loans) (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Other
Functions reached: ML mortgage origination (in-person appointments, appraisals); AP appraisals; SV
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

2. Veterans. If you have an in-person appointment scheduled with your lender, [servicer or appraiser, contact them about alternatives]... 3. Lenders and Servicers. Lenders should have continuity of operation plans in [place]... 4. Appraisers. Appraisers should continue to conduct business as outlined in [VA guidance while observing public health precautions]... 5. Rescission: This Circular is rescinded April 1, 2021.

Enforcement: VA program guidance to participants

Citation: Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367) Open the exhibit

Ex. FED-390

Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors

Hoover Dam temporarily closed to all visitors

Bureau of Reclamation, Hoover Dam, Nevada-Arizona (Bureau of Reclamation, Lower Colorado Basin Region) (Federal)

Dates: In force from Mar. 17, 2020 to Oct. 22, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closure
Functions reached: AM the busiest federal tourist attraction in the Southwest (about one million visitors a year) closed; CB Las Vegas tour operators and Boulder City commerce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[In accordance with guidance] by the Centers for Disease Control and Prevention, Hoover Dam will be temporarily closed to visitors, including [the visitor center and all tours, until further notice.]

Enforcement: Reclamation facility order

Citation: Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390) Open the exhibit

Continuing in force from an earlier quarter of this report (32 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-236	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)	Travel and quarantineVaccination or testing
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine

123 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Ex. SEC-04-043

Executive Directive No. 20-026

Resumption of Services in All Long-Term Care Facilities

Commissioner of Health, New Jersey (State)

Dates: In force from Aug. 20, 2020 to Dec. 22, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS; DN; RS; IN; IC weekly testing; HR; CB
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

WHEREAS, resumption of services for LTCFs requires a phased in approach, based on each [facility's outbreak status, testing and staffing]... [facilities that cannot meet the criteria revert] to the maximum restrictions of Phase zero (0), as described herein. Phases per this Directive: Phase 0: Any facility with an active outbreak of COVID-19, as defined by the [Communicable Disease Service] Manual Chapter, any facility that cannot attest to criteria to advance phases, and all [facilities at the outset]... Phase 1: Facilities that never had an outbreak or that concluded an outbreak... Phase 2... Phase 3... [with visitation, communal dining, group activities and non-essential personnel entry expanding by phase, weekly staff testing and attestation].

Enforcement: N.J.S.A. 26:13-19 et seq.; licensure

Citation: Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043) Open the exhibit

Ex. SEC-04-005

QSO-20-38-NH

Interim Final Rule (IFC), CMS-3401-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency related to Long-Term Care (LTC) Facility Testing Requirements

Centers for Medicare & Medicaid Services, Survey and Certification Group, United States (Sector regulator)

Dates: In force from Aug. 26, 2020 to Apr. 27, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC routine staff testing by county positivity; RS outbreak testing of all residents and staff; HR; IN contractors under arrangement; WF
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary.... Routine testing of staff [by] county positivity rate in the past week: Low (<5%) once a month; Medium (5%-10%) once a week; High (>10%) twice a week.... Noncompliance related to this new requirement will be cited at new tag F886.

Enforcement: F886; part 488 remedies

Citation: Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005) Open the exhibit

Ex. SEC-04-004

CMS-3401-IFC, 85 Fed. Reg. 54820

Centers for Medicare & Medicaid Services, Department of Health and Human Services, United States (Federal)

Dates: In force from Sept. 2, 2020 to May 11, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC mandatory resident and staff testing; RS admissions and cohorting by test status; HR staff excluded pending results; IN contracted personnel entering the facility tested; WF staff removed on symptoms or positive test
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

483.80(h)(1): the facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.... (h)(2)... in a manner that is consistent with current standards of practice... [and] parameters set forth by the Secretary... (h)(3)... procedures for addressing residents and staff... who refuse testing or are unable to be tested... (h)(4)... staff with symptoms or a positive test must be prohibited from entering the facility until return-to-work criteria are met.

Enforcement: F886; civil money penalties under 42 C.F.R. 488.430 for failure to test

Citation: Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004) Open the exhibit

Ex. SEC-04-002

QSO-20-39-NH

Nursing Home Visitation - COVID-19

Centers for Medicare & Medicaid Services, Survey and Certification Group, United States (Medicare- and Medicaid-certified nursing homes) (Sector regulator)

Dates: In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: VS visitation conditional on county positivity and 14 days without cases; DN group activities under core principles; RS outbreak testing status controls admissions and visits; IN entry screening; CB
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

This memorandum supersedes and replaces previously issued guidance and recommendations regarding visitation.... fully open and unrestricted visitation posed a clinical health and safety risk to other residents during this PHE, and therefore, it was reasonable to place limits on visitation.... Outdoor visitation is preferred... Facilities should allow indoor visitation... [only where] there has been no new onset of COVID-19 cases in the last 14 days and the facility is not currently conducting outbreak testing;... county positivity rate... Compassionate care visits... Core principles of COVID-19 infection prevention [screening, hand hygiene, face covering, physical distancing, cleaning].

Enforcement: F563; F880; part 488 remedies

Citation: Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-39-NH (Sept. 17, 2020) (Ex. SEC-04-002) Open the exhibit

Ex. SEC-04-072

DEM Emergency Order No. 20-008

In re: COVID-19 Public Health Emergency (extending the long-term care visitation prohibition)

Director, Florida Division of Emergency Management, Florida (State)

Dates: In force from July 13, 2020 to Sept. 1, 2020
Quarters: 2020 Q3
Limitations: Gathering capHealth care orders
Functions reached: VS; RS; IN; CB
Grade: Primary source read
Days in this quarter: 51

Not machine-readable (scanned PDF); extension of DEM Order 20-006 as extended by 20-007 (described from the order chain).

Enforcement: Fla. Stat. 252.47, 252.50

Citation: Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-008 (July 13, 2020) (Ex. SEC-04-072) Open the exhibit

Ex. SEC-04-020

QSO-20-35-ALL

Enforcement Cases Held during the Prioritization Period and Revised Survey Prioritization

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from Aug. 17, 2020 to May 1, 2023
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Workplace rulesOther
Functions reached: OF; IC; HR
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

Resumption of enforcement cases held since March 2020... States may expand survey activity beyond the prioritized surveys when [State conditions permit]... (as read from the expired-stamped copy carrying the original posting date).

Enforcement: Part 488

Citation: Centers for Medicare & Medicaid Services, QSO-20-35-ALL (Aug. 17, 2020) (Ex. SEC-04-020) Open the exhibit

Ex. SEC-04-041

DEM Emergency Order No. 20-009

In re: Suspension of Statutes, Rules, and Orders, Pursuant to Executive Order Number 20-52 (revising long-term care visitation restrictions)

Jared Moskowitz, Director, Florida Division of Emergency Management, Florida (State)

Dates: In force from Sept. 1, 2020 to Dec. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Gathering capHealth care orders
Functions reached: VS; DN; RS; IN; IC; CB
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

WHEREAS, on March 14, 2020, Governor DeSantis, directed me, under the powers afforded by Executive Order No. 20-52, to prohibit visitation to certain facilities in [Florida]... [and now directs revisions of the visitation restrictions]... [Visitation permitted for:] A. Family members, friends, and individuals visiting residents in end-of-life situations... I. Essential caregivers and compassionate care visitors who meet the [screening and PPE] requirements... ii. Compassionate care visitors provide emotional support to [residents]... [general visitation only at facilities without new onset of cases in the prior 14 days, with screening, masks, distancing and scheduled visits].

Enforcement: Fla. Stat. 252.47, 252.50; AHCA

Citation: Jared Moskowitz, Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-009 (Sept. 1, 2020) (Ex. SEC-04-041) Open the exhibit

Ex. SEC-04-048

Order Rescinding the Long-Term Care Facility Order

Order Rescinding the Order Regarding Long-Term Care Facilities

Health Commissioner, Philadelphia Department of Public Health, City of Philadelphia, Pennsylvania (City)

Dates: In force from Sept. 23, 2020 to Sept. 30, 2020
Quarters: 2020 Q3
Limitations: Health care orders
Functions reached: VS; RS
Grade: Primary source read
Days in this quarter: 8 (in force on the last day)

Not machine-readable (scanned PDF); rescission of the Apr. 8, 2020 order upon CMS's QSO-20-39-NH and the Commonwealth's guidance (described from the City's collection).

Citation: Health Commissioner, Philadelphia Department of Public Health, Order Rescinding the Long-Term Care Facility Order (Sept. 23, 2020) (Ex. SEC-04-048) Open the exhibit

Continuing in force from an earlier quarter of this report (23 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-04-069	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	In force from June 9, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-047	Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047)	In force from Apr. 8, 2020 to Sept. 23, 2020	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-049	Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049)	In force from May 10, 2020 to June 24, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-042	Judith M. Persichilli, Commissioner, New Jersey Department of Health, Executive Directive No. 20-013 (revised May 20, 2020) (May 12, 2020) (Ex. SEC-04-042)	In force from May 12, 2020 to Aug. 20, 2020	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-015	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. SEC-04-078	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	In force from Mar. 6, 2020 to May 11, 2023	Health care ordersWorkplace rulesOther
Ex. SEC-04-011	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	In force from Mar. 9, 2020 to May 1, 2023	Health care ordersWorkplace rules
Ex. SEC-04-010	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-001	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-14-NH (REVISED) (Mar. 9, 2020) (Ex. SEC-04-001)	In force from Mar. 13, 2020 to Sept. 17, 2020 (issued Mar. 9, 2020)	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-068	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	In force from Mar. 13, 2020 to Sept. 30, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-026	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	In force from Apr. 13, 2020 to May 1, 2023	Health care ordersQuarantine and isolation
Ex. SEC-04-006	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-007	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersWorkplace rules
Ex. SEC-04-050	Secretary of the Pennsylvania Department of Health (order); Department of Human Services (implementing page), Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities (June 26, 2020), with the June 8, 2020 order for skilled nursing facilities (Ex. SEC-04-050)	In force from June 26, 2020 to Sept. 30, 2020	Health care ordersWorkplace rules
Ex. SEC-04-017	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-04-063	New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063)	In force from Mar. 13, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-040	Jared Moskowitz, Director, Florida Division of Emergency Management, under Executive Order 20-52, DEM Emergency Order No. 20-006 (Mar. 15, 2020) (Ex. SEC-04-040)	In force from Mar. 15, 2020 to Sept. 30, 2020	Gathering capHealth care orders
Ex. SEC-04-018	Centers for Medicare & Medicaid Services, QSO-20-20-All (Mar. 23, 2020) (Ex. SEC-04-018)	In force from Mar. 23, 2020 to Aug. 17, 2020	Workplace rulesOther
Ex. SEC-04-013	Centers for Medicare & Medicaid Services, QSO-20-23-ICF/IID & PRTF (Mar. 30, 2020) (Ex. SEC-04-013)	In force from Mar. 30, 2020 to Feb. 10, 2021	Gathering capHealth care orders
Ex. SEC-04-064	Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)	In force from Apr. 24, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-012	Centers for Medicare & Medicaid Services, QSO-20-30-NH (REVISED 03/10/2021) (May 18, 2020) (Ex. SEC-04-012)	In force from May 18, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. SEC-04-062	Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-007 (May 18, 2020) (Ex. SEC-04-062)	In force from May 18, 2020 to July 13, 2020	Gathering capHealth care orders
Ex. SEC-04-019	Centers for Medicare & Medicaid Services, QSO-20-31-All (REVISED 01/04/2021) (June 1, 2020) (Ex. SEC-04-019)	In force from June 1, 2020 to Dec. 31, 2020	Workplace rulesOther

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates: In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-093

CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage

Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 71142 (Nov. 6, 2020)

Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), United States (State Medicaid programs; group health plans; providers) (Federal)

Dates: In force from Nov. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: CB payer base of every Medicaid provider (continuous enrollment kept the Medicaid rolls frozen open); OF billing (vaccine administration coverage rules)
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

This IFC adds a new subpart G, Temporary FMAP Increase During the Public Health Emergency for COVID-19, to 42 CFR part 433, including a new § 433.400. This new provision interprets and implements section 6008(b)(3) of the FFCRA to require states, as a condition for receiving the temporary FMAP increase described at section 6008(a) of the FFCRA, to maintain beneficiary enrollment with specified protections.

Enforcement: Loss of the enhanced FMAP for non-compliant quarters

Citation: Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093) Open the exhibit

Ex. FED-185

Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)

Letter of Authorization, Pfizer-BioNTech COVID-19 Vaccine

Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), United States (Federal)

Dates: In force from Dec. 11, 2020 to Aug. 23, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context: vaccine availability dates behind the 2021 reopening and vaccination-proof orders (Dec. 11, 2020 first EUA; general adult eligibility in most States by April 19, 2021)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Pfizer-BioNTech COVID19 Vaccine for the prevention of COVID-19, as described in the Scope of Authorization section of this letter (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185) Open the exhibit

Ex. FED-186

Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)

Letter of Authorization, Moderna COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Dec. 18, 2020 to Jan. 31, 2022
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Moderna COVID19 Vaccine... for the prevention of COVID-19, as described in the Scope of Authorization section (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186) Open the exhibit

Continuing in force from an earlier quarter of this report (36 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-172	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-236	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)	Travel and quarantineVaccination or testing
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine

120 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Continuing in force from an earlier quarter of this report (22 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-04-069	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	In force from June 9, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-049	Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049)	In force from May 10, 2020 to June 24, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-043	Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)	In force from Aug. 20, 2020 to Dec. 22, 2022	Gathering capHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-005	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)	In force from Aug. 26, 2020 to Apr. 27, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-004	Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-015	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. SEC-04-078	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	In force from Mar. 6, 2020 to May 11, 2023	Health care ordersWorkplace rulesOther
Ex. SEC-04-011	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	In force from Mar. 9, 2020 to May 1, 2023	Health care ordersWorkplace rules
Ex. SEC-04-010	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-068	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	In force from Mar. 13, 2020 to Sept. 30, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-026	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	In force from Apr. 13, 2020 to May 1, 2023	Health care ordersQuarantine and isolation
Ex. SEC-04-006	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-007	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersWorkplace rules
Ex. SEC-04-002	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-39-NH (Sept. 17, 2020) (Ex. SEC-04-002)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-017	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-04-063	New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063)	In force from Mar. 13, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-013	Centers for Medicare & Medicaid Services, QSO-20-23-ICF/IID & PRTF (Mar. 30, 2020) (Ex. SEC-04-013)	In force from Mar. 30, 2020 to Feb. 10, 2021	Gathering capHealth care orders
Ex. SEC-04-064	Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)	In force from Apr. 24, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-012	Centers for Medicare & Medicaid Services, QSO-20-30-NH (REVISED 03/10/2021) (May 18, 2020) (Ex. SEC-04-012)	In force from May 18, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. SEC-04-019	Centers for Medicare & Medicaid Services, QSO-20-31-All (REVISED 01/04/2021) (June 1, 2020) (Ex. SEC-04-019)	In force from June 1, 2020 to Dec. 31, 2020	Workplace rulesOther
Ex. SEC-04-020	Centers for Medicare & Medicaid Services, QSO-20-35-ALL (Aug. 17, 2020) (Ex. SEC-04-020)	In force from Aug. 17, 2020 to May 1, 2023	Workplace rulesOther
Ex. SEC-04-041	Jared Moskowitz, Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-009 (Sept. 1, 2020) (Ex. SEC-04-041)	In force from Sept. 1, 2020 to Dec. 31, 2020	Gathering capHealth care orders

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Federal layer

Ex. FED-060

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates: In force from Jan. 20, 2021 to May 9, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade: Primary source read
Days in this quarter: 71 (in force on the last day)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-062

Executive Order 13999

Protecting Worker Health and Safety, 86 Fed. Reg. 7211 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (workplaces under the OSH Act) (Federal)

Dates: In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: predicate for the OSHA layer; the ETS recites it
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health... shall: (a) issue, within 2 weeks of the date of this order... revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19...; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles

Enforcement: Through OSHA instruments: the National Emphasis Program (FED-082, FED-083), the Healthcare ETS (FED-080) and the vaccination-or-testing ETS (FED-086, post-period)

Citation: President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062) Open the exhibit

Ex. FED-270

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, United States (executive branch; all federal buildings and federal lands) (Federal)

Dates: In force from Jan. 24, 2021 to June 10, 2021
Quarters: 2021 Q12021 Q2
Limitations: Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached: OF federal workplaces capped at 25 percent occupancy; CS visitors to federal buildings minimized and screened; PJ on-site contractors masked and screened; TR official travel limited to mission-critical trips; MK federal attendance at meetings and events curtailed
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

agencies should immediately require masks and distancing consistent with current CDC guidance in all Federal buildings... Unless it is physically impossible or poses a threat to critical national security interests, generally speaking, occupancy in Federal workplaces should be no more than 25% of normal capacity during periods of significant or high community transmission... No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission.

Enforcement: EO 13991 § 2 compliance requirement for employees, on-site contractors and all persons in federal buildings; agency COVID-19 Coordination Teams

Citation: Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270) Open the exhibit

Ex. FED-020

CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)

Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021)

Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), United States (every conveyance and transportation hub into or within the United States) (Federal)

Dates: In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF workforce commuting by transit, rail, bus, taxi and ride-share (every metro); TR business travel by air and rail; CB customers arriving by transit or taxi; OP operators of any conveyance or hub (transit agencies, airports, bus and ferry operators, ride-share drivers)
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States. Persons must also wear masks at transportation hubs as defined in this Order.... A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel.... Conveyance operators must use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Best efforts include: boarding only those persons who wear masks; instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law... disembarking any person who refuses to comply

Enforcement: Criminal penalties under 18 U.S.C. §§ 3559, 3571, 42 U.S.C. § 271 and 42 C.F.R. § 70.18 ('a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death... An organization violating this Order may be subject to a fine of no more than $200,000 per event'); 'This Order shall be further enforced by other federal authorities and may be…

Citation: Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020) Open the exhibit

Ex. FED-050

TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1582/84-21-01, Security Measures - Mask Requirements (surface transportation)

Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), United States (every public transportation, passenger railroad and fixed-route bus owner/operator under 49 C.F.R. §§ 1582.1(a), 1584.1) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF workforce commuting by transit and rail in every metro; OP transit agencies and bus companies as regulated operators; CB customers arriving by transit; TR intercity rail and bus travel
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

A. Owner/Operators must notify passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires wearing a mask while on the conveyance and failure to comply may result in denial of boarding or removal. 2. Refusing to wear a mask is a violation of federal law; passengers may be subject to penalties under federal law. B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD. 2. Any person in public areas of transportation hubs/facilities controlled by the owner/operator (such as for purposes of purchasing tickets, waiting areas, and platforms for boarding and disembarking) for the duration of travel, boarding, and disembarking.

Enforcement: Civil penalties against owner/operators under 49 U.S.C. § 114 and 49 C.F.R. part 1503; denial of boarding and removal of persons; TSA civil penalties against individuals (announced range $250 to $1,500)

Citation: Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050) Open the exhibit

Ex. FED-053

TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1544-21-02, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (aircraft operators under 49 C.F.R. part 1544) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: TR business air travel of every industry; TV/GS hotels-travel demand; OP airlines and airport tenants; WF flight crews
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

A. The aircraft operator must provide passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires each person to wear a mask at all times throughout the flight, including during boarding and deplaning. 2. Refusing to wear a mask is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or penalties under federal law.... B. The aircraft operator must not board any person who is not wearing a mask, except as described in Sections D., E., and F. C. The aircraft operator must ensure that direct employees and authorized representatives wear a mask at all times while on an aircraft or in an airport location under the control of the aircraft operator

Enforcement: Civil penalties under 49 U.S.C. §§ 114, 46301; 49 C.F.R. part 1503; denial of boarding and removal

Citation: Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053) Open the exhibit

Ex. FED-054

Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)

SD 1542-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (airport operators under 49 C.F.R. part 1542) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: OP airport concessions, retailers, restaurants and car-rental tenants (EMP); TR travelers; WF airport workforces
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

B. The airport operator must require that individuals in or on the airport wear a mask, except as described in Sections D., E., and F. 1. If individuals are not wearing masks, ask them to put a mask on. 2. If individuals refuse to wear a mask in or on the airport, escort them from the airport. C. The airport operator must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport

Enforcement: Civil penalties under 49 U.S.C. § 114; 49 C.F.R. part 1503; removal from the airport

Citation: Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054) Open the exhibit

Ex. FED-055

Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)

EA 1546-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (foreign air carriers under 49 C.F.R. part 1546) (Federal)

Dates: In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: TR international air travel; TV inbound tourism
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

NUMBER EA 1546-21-01 EFFECTIVE DATE 11:59 pm EST on February 1, 2021 EXPIRATION DATE May 11, 2021 [imposes the same mask, notice, denial-of-boarding and reporting requirements on foreign air carriers]

Enforcement: 49 U.S.C. § 114; 49 C.F.R. part 1503

Citation: Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055) Open the exhibit

Ex. FED-187

Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)

Letter of Authorization, Janssen COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Feb. 27, 2021 to June 1, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context (the April 13-23, 2021 federal pause of the Janssen vaccine is a fact and circumstance of 2021Q2; not verified here)
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

For the February 27, 2021 authorization for individuals 18 years of age and older, FDA reviewed safety and efficacy data from an ongoing phase 3 trial which enrolled 43,783 participants... Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of the Janssen COVID19 Vaccine for the prevention of COVID-19

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187) Open the exhibit

Ex. FED-155

QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-082

DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)

DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide; targeted industries by NAICS) (Federal)

Dates: In force from Mar. 12, 2021 to July 7, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: EMP/HR workplace COVID-19 controls in the targeted industries (hospitals, physician practices, dental, home care, agriculture-food processing, logistics-warehousing, retail grocery, restaurants)
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

This Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent. The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk.

Enforcement: Programmed OSHA inspections; citations under the general duty clause and existing standards; whistleblower referrals

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082) Open the exhibit

Ex. FED-280

Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Secretary of Defense Lloyd J. Austin III, United States (Department of Defense components worldwide) (Federal)

Dates: In force from Mar. 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rules
Functions reached: TV DoD official travel restricted installation by installation through 2021 Q3; CB defense contractors, hotels, conference venues and installation-town businesses dependent on DoD travel and access; MK DoD attendance at conferences and trade shows
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

Effective immediately, this memorandum cancels reference (a) through (c) and reissues travel restriction guidance for DoD Components that will remain in effect until further notice.... This guidance applies to all DoD Service members, civilian employees, dependents of Service members, and personnel whose travel is Government-funded, whether traveling domestically or internationally. Except as provided below, this travel guidance applies to all official travel, including temporary duty (TDY) travel; Government-funded leave travel; permanent duty travel... Conditions for Unrestricted Travel to DoD Installations, Facilities, and Locations... Removal of local travel restrictions; Availability of essential services...; Quality control/assurance capability for household goods packing and moving; and Favorable Health Protection Conditions (HPCON) (i.e., installations operating below HPCON C).

Enforcement: DoD directive to component heads and installation commanders

Citation: Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280) Open the exhibit

Ex. FED-173

Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments)

Consolidated Appropriations Act, 2021 (relevant sections)

Congress (Pub. L. 116-260), United States (Federal)

Dates: In force from Mar. 31, 2021 to Mar. 31, 2021 (issued Dec. 27, 2020)
Quarters: 2021 Q1
Limitations: Workplace rulesOther
Functions reached: WF (leave became voluntary from Jan. 1, 2021; the mandate ended Dec. 31, 2020); PM (eviction moratorium continuity Jan. 1-31, 2021)
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

§ 286(a): Sections 7001(g), 7002(e), 7003(g), and 7004(e) of the Families First Coronavirus Response Act are each amended by striking 'December 31, 2020' and inserting 'March 31, 2021'.

Enforcement: Statute

Citation: Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173) Open the exhibit

Ex. FED-008

Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates: In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Continuing in force from an earlier quarter of this report (26 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-236	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	In force from Oct. 22, 2021 to Jan. 21, 2022 (issued Oct. 21, 2021)	Travel and quarantineVaccination or testing
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration

135 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Ex. SEC-04-075

Sixth Amended Director's Order to Limit Access to Ohio's Nursing Homes and Similar Facilities, with Exceptions

Director of Health, Ohio Department of Health, Ohio (State)

Dates: In force from Jan. 7, 2021 to June 30, 2021 (issued Jan. 6, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: VS; DN; RS; IN; IC; CB
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

This Order shall be effective January 7, 2021 at 12:01 a.m. and remain in full force and effect unless the Director of the Ohio Department of Health rescinds or modifies this Order at a sooner [time]... 2. Visits do not commence until residents and visitors are [screened and]... [outdoor and limited indoor visitation with screening, masks and distancing; compassionate care].

Enforcement: R.C. 3701.352, 3701.99

Citation: Director of Health, Ohio Department of Health, Sixth Amended Director's Order to Limit Access to Ohio's Nursing Homes and Similar Facilities, with Exceptions (Jan. 6, 2021) (Ex. SEC-04-075) Open the exhibit

Ex. SEC-04-016

QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021)

Visitation at Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) and Psychiatric Residential Treatment Facilities (PRTFs) - Coronavirus Disease 2019 (COVID-19)

Centers for Medicare & Medicaid Services, United States (ICF/IIDs and PRTFs) (Sector regulator)

Dates: In force from Feb. 10, 2021 to May 1, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capHealth care orders
Functions reached: VS; RS; IC; IN
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

Facilities should... permit visitation [subject to] core principles of COVID-19 infection prevention... screening of all who enter... face coverings... physical distancing... [and limits during outbreaks] (as read from the revised copy).

Enforcement: Survey and certification

Citation: Centers for Medicare & Medicaid Services, QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021) (Feb. 10, 2021) (Ex. SEC-04-016) Open the exhibit

Continuing in force from an earlier quarter of this report (19 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-04-069	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	In force from June 9, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-049	Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049)	In force from May 10, 2020 to June 24, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-043	Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)	In force from Aug. 20, 2020 to Dec. 22, 2022	Gathering capHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-005	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)	In force from Aug. 26, 2020 to Apr. 27, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-004	Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-015	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. SEC-04-078	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	In force from Mar. 6, 2020 to May 11, 2023	Health care ordersWorkplace rulesOther
Ex. SEC-04-011	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	In force from Mar. 9, 2020 to May 1, 2023	Health care ordersWorkplace rules
Ex. SEC-04-010	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-068	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	In force from Mar. 13, 2020 to Sept. 30, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-026	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	In force from Apr. 13, 2020 to May 1, 2023	Health care ordersQuarantine and isolation
Ex. SEC-04-006	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-007	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersWorkplace rules
Ex. SEC-04-002	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-39-NH (Sept. 17, 2020) (Ex. SEC-04-002)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-017	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-04-063	New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063)	In force from Mar. 13, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-064	Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)	In force from Apr. 24, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-012	Centers for Medicare & Medicaid Services, QSO-20-30-NH (REVISED 03/10/2021) (May 18, 2020) (Ex. SEC-04-012)	In force from May 18, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. SEC-04-020	Centers for Medicare & Medicaid Services, QSO-20-35-ALL (Aug. 17, 2020) (Ex. SEC-04-020)	In force from Aug. 17, 2020 to May 1, 2023	Workplace rulesOther

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-094

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff, 86 Fed. Reg. 26306 (May 13, 2021)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid LTC facilities and ICFs-IID) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC nursing homes (home-care-senior-living); HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.

Enforcement: F-tag F887 (education and offering); F884 (reporting); civil money penalties

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094) Open the exhibit

Ex. FED-163

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

QSO-21-19-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC; HR/WF (education and offering to all staff including contract staff); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

On May 11, 2021, CMS published an interim final rule with comment period (IFC). This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).... Noncompliance related to the new requirements for educating and offering COVID-19 vaccination to residents and staff will be cited at F-tag 887, and noncompliance related to COVID-19 vaccination reporting will be cited at F-tag 884.

Enforcement: F-tags F887 and F884; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-297

Amended General Order 21-0006 (May 26, 2021)

In re: Plan for the Safe Resumption of Jury Trials and Court Operations (Amended May 26, 2021)

Chief Judge Rebecca R. Pallmeyer (Executive Committee), United States District Court for the Northern District of Illinois (Court)

Dates: In force from May 26, 2021 to Sept. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesWorkplace rulesVaccination or testing
Functions reached: CT jury trials resumed under a written plan with testing and vaccination conditions; in force July 1 - Sept. 15, 2021; HR federal courthouse workforce vaccination-or-testing condition (a Q3 2021 VAX instrument)
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

On February 17, 2021, General Order 21-0006 was entered by the Court to address [the resumption of jury trials]... It is, therefore, hereby ORDERED:... 2. Because the testing protocol will be fully effective only if all employees participate, it is also hereby ORDERED that all employees, contractors, and staff of all agencies and court units at the Dirksen and Roszkowski Courthouses participate in this program. Specifically, all employees who report to work at either of these Courthouses will be vaccinated, as defined by the CDC [or tested]...

Enforcement: court order to all court units and agencies in the courthouses

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297) Open the exhibit

Ex. FED-081

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from June 28, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC, OF, HR/WF of every covered healthcare setting (the enforcement machinery in force on every day of 2021Q3)
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

This Direction establishes inspection procedures and enforcement policies for the COVID-19 Emergency Temporary Standard, 29 CFR § 1910.502, and 29 CFR § 1910.504. This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Governs the issuance of citations and penalties under the ETS

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081) Open the exhibit

Continuing in force from an earlier quarter of this report (33 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther
Ex. FED-155	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	In force from Mar. 10, 2021 to Apr. 27, 2021	Gathering capHealth care orders
Ex. FED-082	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules

125 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Ex. SEC-04-014

29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard)

Occupational Exposure to COVID-19; Emergency Temporary Standard

Occupational Safety and Health Administration, Department of Labor, United States (OSHA; State Plan States adopted equivalents) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HC every home visit under (d) screening, (f) PPE, (h) distancing; SN; RS; VS visitor screening (d); IN; IC; HR (n) training, (l) screening; OF (c) written plan, (q)-(r) log and reporting; WF (l) paid medical removal, (m) vaccination leave; DN (h) distancing in dining and activities
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to... (v) home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not present. (c) COVID-19 plan... written... (d) Patient screening and management... limit and monitor points of entry... screen and triage all clients, patients, residents, delivery people and other visitors, and other non-employees entering the setting... (f) Personal protective equipment... (h) Physical distancing... at least 6 feet... (i) Physical barriers... (j) Cleaning and disinfection... (k) Ventilation... (l) Health screening and medical management... screen each employee before each work day... medical removal... paid... up to $1,400 per…

Enforcement: 29 U.S.C. 658, 666; DIR 2021-02 inspection procedures; State Plan equivalents

Citation: Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014) Open the exhibit

Ex. SEC-04-023

29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021)

Healthcare

Office of the Federal Register (codification of the OSHA ETS), United States (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021 (issued July 1, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HC; SN; RS; IC; HR; OF; WF
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

See Ex. SEC-04-014; paragraph (s)(2): (i) Employers must comply with all requirements of this section, except for requirements in paragraphs (i), (k), and (n) of this section by July 6, 2021. (ii) Employers must comply with the requirements of this section in paragraphs (i), (k), and (n) of this section by July 21, 2021.

Enforcement: 29 U.S.C. 658, 666

Citation: Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023) Open the exhibit

Ex. SEC-04-008

CMS-3414-IFC, 86 Fed. Reg. 26306

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff (adding 42 C.F.R. 483.80(d)(3) and 483.460(a)(4))

Centers for Medicare & Medicaid Services, United States (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR staff vaccination education and documentation; OF weekly reporting; CB residents
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

483.80(d)(3):... the LTC facility must develop and implement policies and procedures to ensure all the following: (i) When COVID-19 vaccine is available to the facility, each resident and staff member is offered the COVID-19 vaccine unless the immunization is medically contraindicated or the resident or staff member has already been immunized; (ii)... residents... and staff members are provided with education regarding the benefits and potential side effects... (iv)... the resident or staff member has the opportunity to accept or refuse... and (v)... documentation... [and 483.80(g)(1)(viii)-(ix) weekly NHSN reporting of resident and staff vaccination status].

Enforcement: F887; F884 reporting; part 488

Citation: Centers for Medicare & Medicaid Services, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (Ex. SEC-04-008) Open the exhibit

Ex. SEC-04-009

QSO-21-19-NH

Interim Final Rule - COVID-19 Vaccine Immunization Requirements for Residents and Staff

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; OF; CB
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the... National Healthcare Safety Network (NHSN).

Enforcement: F887, F884; part 488

Citation: Centers for Medicare & Medicaid Services, QSO-21-19-NH (May 11, 2021) (Ex. SEC-04-009) Open the exhibit

Ex. SEC-04-003

QSO-20-39-NH REVISED 04/27/2021

Nursing Home Visitation - COVID-19 (REVISED)

Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, United States (Medicare- and Medicaid-certified nursing homes) (Sector regulator)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capHealth care ordersWorkplace rules
Functions reached: VS visitation limited by resident vaccination status, county positivity, infection and quarantine status throughout Q3 2021; DN group activities and communal dining under core principles; RS quarantine of new admissions; IN entry screening of all visitors and personnel; CB
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Facilities should allow indoor visitation at all times and for all residents (regardless of vaccination status), except for a few circumstances when visitation should be limited due to a high risk of COVID-19 transmission... Unvaccinated residents, if the nursing home's COVID-19 county positivity rate is >10% and <70% of residents in the facility are fully vaccinated; Residents with confirmed COVID-19 infection... until they have met the criteria to discontinue Transmission-Based Precautions; or Residents in quarantine... until they have met criteria for release from quarantine.

Enforcement: F563; F880; part 488

Citation: Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED 04/27/2021 (Apr. 27, 2021) (Ex. SEC-04-003) Open the exhibit

Ex. SEC-04-076

Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (2021 amendment)

Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes

Director of Health, Ohio Department of Health, Ohio (State)

Dates: In force from May 4, 2021 to Aug. 31, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC; RS; HR; IN
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

Not machine-readable (scanned PDF); amended staff and resident testing order (title from the ODH orders index).

Enforcement: R.C. 3701.352, 3701.99

Citation: Director of Health, Ohio Department of Health, Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (2021 amendment) (May 4, 2021) (Ex. SEC-04-076) Open the exhibit

Ex. SEC-04-025

QSO-21-17-NH (UPDATED 05/10/2021)

Updates to Long-Term Care (LTC) Emergency Regulatory Waivers issued in response to COVID-19

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from May 10, 2021 to May 1, 2023 (issued Apr. 8, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: RS; IN; OF; SN
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

CMS is ending certain emergency blanket waivers... effective May 10, 2021 [notification of room or roommate changes and transfer/discharge notices under 483.10 and 483.15; resident care plan timeframes under 483.21; PASARR under 483.20(k)]... facilities must resume compliance... (as read).

Enforcement: Part 488

Citation: Centers for Medicare & Medicaid Services, QSO-21-17-NH (UPDATED 05/10/2021) (Apr. 8, 2021) (Ex. SEC-04-025) Open the exhibit

Continuing in force from an earlier quarter of this report (18 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-04-069	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	In force from June 9, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-049	Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049)	In force from May 10, 2020 to June 24, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-043	Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)	In force from Aug. 20, 2020 to Dec. 22, 2022	Gathering capHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-005	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)	In force from Aug. 26, 2020 to Apr. 27, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-004	Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-015	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. SEC-04-078	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	In force from Mar. 6, 2020 to May 11, 2023	Health care ordersWorkplace rulesOther
Ex. SEC-04-011	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	In force from Mar. 9, 2020 to May 1, 2023	Health care ordersWorkplace rules
Ex. SEC-04-010	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-068	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	In force from Mar. 13, 2020 to Sept. 30, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-026	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	In force from Apr. 13, 2020 to May 1, 2023	Health care ordersQuarantine and isolation
Ex. SEC-04-006	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-007	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersWorkplace rules
Ex. SEC-04-075	Director of Health, Ohio Department of Health, Sixth Amended Director's Order to Limit Access to Ohio's Nursing Homes and Similar Facilities, with Exceptions (Jan. 6, 2021) (Ex. SEC-04-075)	In force from Jan. 7, 2021 to June 30, 2021 (issued Jan. 6, 2021)	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-017	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-04-063	New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063)	In force from Mar. 13, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-064	Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)	In force from Apr. 24, 2020 to June 30, 2021	Health care ordersOther
Ex. SEC-04-016	Centers for Medicare & Medicaid Services, QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021) (Feb. 10, 2021) (Ex. SEC-04-016)	In force from Feb. 10, 2021 to May 1, 2023	Gathering capHealth care orders

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-083

DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)

DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: EMP/HR/IC in the targeted industries throughout 2021Q3
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

This revised Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk. In addition, this NEP includes an added focus to ensure that workers are protected from retaliation... This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Programmed inspections; ETS citations per DIR 2021-02 in covered healthcare settings; general duty clause elsewhere

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083) Open the exhibit

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-278

Certification of Vaccination form (employees, onsite contractors and visitors), August 2021

Certification of Vaccination

Safer Federal Workforce Task Force (OMB control number 3206-0277), United States (federal buildings) (Federal)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: CS visitor and vendor entry to federal buildings; PL onsite contractors
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

I am a visitor or I am an onsite contractor who is not enrolled in an agency's testing program... [a] contractor making a false statement on this form could result in additional administrative action, including removal from a contract.

Enforcement: administrative action; removal from contract; 18 U.S.C. § 1001 warning

Citation: Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278) Open the exhibit

Ex. FED-063

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (Sept. 14, 2021)

President Joseph R. Biden, Jr., United States (federal procurement contractors and subcontractors) (Federal)

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR/WF vaccination status of contractor workforces (from Oct. 15, 2021); PL staffing placements on federal contracts; JS federal construction
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021

Enforcement: Contract clause (FAR deviation 52.223-99); Task Force Guidance of Sept. 24, 2021 (FED-B)

Citation: President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063) Open the exhibit

Ex. FED-275

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042

Office of Management and Budget (Acting Director Shalanda D. Young), United States (federal contractors and subcontractors) (Federal)

Dates: In force from Sept. 24, 2021 to Nov. 16, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL; OP
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

The Director of the Office of Management and Budget determines that compliance by Federal contractors and subcontractors with the COVID-19 workplace safety protocols detailed in the Safer Federal Workforce Task Force guidance issued on September 24, 2021 will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract. DATES: September 24, 2021.

Enforcement: triggers the contract clause requirement of EO 14042 § 2

Citation: Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275) Open the exhibit

Ex. FED-274

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors

Safer Federal Workforce Task Force; approved by the Director of OMB, United States (covered federal contractors and subcontractors) (Federal)

Dates: In force from Oct. 15, 2021 to Dec. 7, 2021 (issued Sept. 24, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: HR vaccination of covered contractor employees; PL staffing and service contractors at federal sites; OP contractor workplace masking and distancing; SC subcontractors performing services
Grade: Primary source read
Days in this quarter: 0

Enforcement: contract clause; OMB determination that compliance 'will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract'

Citation: Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274) Open the exhibit

Ex. FED-300

General Order 21-0033

In re: Employee COVID-Vaccine Condition of Employment

Executive Committee and Restart Task Force of the Court (unanimous vote), United States District Court for the Northern District of Illinois (Court)

Dates: In force from Nov. 22, 2021 to Sept. 6, 2022 (issued Sept. 20, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL contractors at the courthouse
Grade: Primary source read
Days in this quarter: 0

By unanimous vote of the Court's Executive Committee and its Restart Task Force, it is hereby ordered: 1. As of November 22, 2021, all employees and all contractors (including all law clerks, [and the staff of the Clerk's Office, Probation Office and] the Pretrial Services Office must be fully vaccinated against COVID-19, unless they have [an approved exemption]... Any person whose vaccine status has changed since August 2, 2021, must complete and return the Vaccine Attestation form on or before November 8, 2021.

Enforcement: condition of employment and of contract

Citation: Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300) Open the exhibit

Continuing in force from an earlier quarter of this report (33 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-094	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-297	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	In force from May 26, 2021 to Sept. 15, 2021	Courts and public officesWorkplace rulesVaccination or testing
Ex. FED-081	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	In force from June 28, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther
Ex. FED-082	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Home Care, Nursing and Senior Living

Ex. SEC-04-035

State Public Health Officer Order of August 5, 2021

Health Care Worker Vaccine Requirement

State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon), California (State)

Dates: In force from Aug. 5, 2021 to Dec. 22, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; IN
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

All workers who provide services or work in the facilities described [in subdivision a] must have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021... a. Health Care Facilities: i. General Acute Care Hospitals ii. Skilled Nursing Facilities (including Subacute Facilities) iii. Intermediate Care Facilities... v. Adult Day Health Care Centers... xii. Hospice Facilities... 8. This Order shall take effect on August 5, 2021, and facilities must be in full compliance with the Order by September 30, 2021.

Enforcement: Health & Safety Code 120275 et seq. (misdemeanor); CDPH licensing

Citation: State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon), State Public Health Officer Order of August 5, 2021 (Aug. 5, 2021) (Ex. SEC-04-035) Open the exhibit

Ex. SEC-04-031

Executive Order No. 13B

Protection of Public Health and Safety During COVID-19 Pandemic - Long-Term Care Facility Staff Vaccination

Governor Ned Lamont, Connecticut (State)

Dates: In force from Aug. 6, 2021 to Sept. 3, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; VS
Grade: Primary source read
Days in this quarter: 29

.. by September 7, 2021, long-term care facilities shall: [require that any staff member or individual with direct access be vaccinated absent exemption]... 3. Failure to Receive Second Dose. Long-term care facilities shall not [permit continued work without the second dose within the specified period]... [a] long-term care facility [that fails] to comply with this order shall be subject to a civil penalty... [under] section 19a-525 of the General Statutes.

Enforcement: Civil penalty under Conn. Gen. Stat. 19a-525; DPH enforcement

Citation: Governor Ned Lamont, Executive Order No. 13B (Aug. 6, 2021) (Ex. SEC-04-031) Open the exhibit

Ex. SEC-04-032

Proclamation 21-14

COVID-19 Vaccination Requirement (amending Proclamation 20-05, et seq.)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 9, 2021 to Aug. 20, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; VS
Grade: Primary source read
Days in this quarter: 12

[Health Care Providers and workers in Health Care Settings must be] fully vaccinated against COVID-19 on or before October 18, 2021... d. Any individual or entity that operates a Health Care Setting [is prohibited] from permitting a Health Care Provider [to work after that date unless vaccinated or exempt]... 'Health Care Provider' [includes]... Long-term care workers unless specifically excluded in this order; and Workers in any Health Care Setting, as defined herein. 'Health Care Provider' does not include, for purposes of this order: Individual providers, as defined in RCW 74.39A.240; Providers of personal care in a person's home, such as home care, home health or hospice care... 'Health Care Setting' includes, but is not limited to:... Residential long-term care facilities, including, but not limited to, nursing homes, assisted living facilities, adult family homes, settings where…

Enforcement: RCW 43.06.220(5) (gross misdemeanor); licensing consequences

Citation: Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-04-032) Open the exhibit

Ex. SEC-04-036

State Public Health Officer Order of July 26, 2021

Health Care Worker Protections in High-Risk Settings

State Public Health Officer and Director, California Department of Public Health, California (State)

Dates: In force from Aug. 9, 2021 to Sept. 13, 2022 (issued July 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: IC verification and testing of every worker; HR; WF; RS; IN
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

Hospitals, skilled nursing facilities (SNFs), and the other health care facility types identified in this order are [required to verify vaccine status of all workers; unvaccinated or incompletely vaccinated workers must be tested at least weekly, and twice weekly in acute health care and long-term care settings, and must wear a surgical mask or higher-level respirator]... 2. Skilled Nursing Facilities (including Subacute Facilities)... 4. Adult and Senior Care Facilities... 17. Hospice Facilities... Where Title 8 of the California Code of Regulations does not require the use of respirators, facilities shall [provide respirators to unvaccinated workers]... VIII. This Order shall take effect on August 9, 2021, at 12:01 am. Facilities must be in full compliance with the Order by August 23, 2021.

Enforcement: Health & Safety Code 120275 et seq.; CDPH and CDSS licensing

Citation: State Public Health Officer and Director, California Department of Public Health, State Public Health Officer Order of July 26, 2021 (Ex. SEC-04-036) Open the exhibit

Ex. SEC-04-045

Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and In Higher Education, Healthcare, and Related Settings

Philadelphia Board of Health; Department of Public Health (Acting Health Commissioner Cheryl Bettigole); approved by the City Law Department, City of Philadelphia, Pennsylvania (City)

Dates: In force from Aug. 16, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC aides serving City patients; SN; IC; HR; WF; OF documentation
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

2(A): Effective October 15, 2021, no Healthcare Institution shall employ (including self-employ), contract with, or otherwise utilize the services of Covered Healthcare Personnel unless such Covered Healthcare Personnel (i) has been Fully Vaccinated; or (ii) received an exemption... 6: This regulation is effective immediately upon the filing of this regulation with the Department of Records. 7(C)-(D): [records open to inspection] as a condition of operation; [orders to cease operations, fines and license suspensions].

Enforcement: Cease-operations orders; fines under the Apr. 29, 2020 Board of Health fines regulation; license suspension; Philadelphia Code 1-108

Citation: Philadelphia Board of Health; Department of Public Health (Acting Health Commissioner Cheryl Bettigole); approved by the City Law Department, Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and In Higher Education, Healthcare, and Related Settings (Aug. 12, 2021) (Ex. SEC-04-045) Open the exhibit

Ex. SEC-04-053

216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022)

Requirement for Immunization Against COVID-19 for All Workers in Licensed Health Care Facilities and Other Practicing Health Care Providers

Rhode Island Department of Health, Rhode Island (State)

Dates: In force from Aug. 17, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; HC; SN
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

8.3 Requirement to be vaccinated against COVID-19... 1. Until October 1, 2021, all health care workers who are not vaccinated shall [comply with masking and testing requirements]... 3. By October 1, 2021, all health care workers and health care providers [shall be vaccinated]... C. As of October 1, 2021, health care facilities shall deny entrance to any health care worker who is not vaccinated [absent a medical exemption under 8.3(D)].

Enforcement: R.I. Gen. Laws 23-1-25; licensure sanctions

Citation: Rhode Island Department of Health, 216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022) (Ex. SEC-04-053) Open the exhibit

Ex. SEC-04-061

Proclamation 21-14.1

COVID-19 Vaccination Requirement (amending Proclamations 20-05 and 20-14)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

[Workers in health care settings, long-term care and State] agencies to be fully vaccinated against COVID-19 on or before October 18, 2021; and... a. Any Worker from engaging in work for a State Agency after October 18, 2021 if [not fully vaccinated or exempt]... facilities, long-term care facilities (which includes nursing homes), and similar congregate care [settings]...

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-04-061) Open the exhibit

Ex. SEC-04-058

10 NYCRR 2.61 (emergency regulation)

Prevention of COVID-19 Transmission by Covered Entities

Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health, New York (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC home care agency aides; SN; RS; IC; HR; WF; IN
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

2.61. Prevention of COVID-19 transmission by covered entities. (a) Definitions. (1) 'Covered entities' for the purposes of this section, shall include: (i) any facility or institution included in the definition of 'hospital' in section 2801 of the Public Health Law, including but not limited to general hospitals, nursing homes, and diagnostic and treatment centers; (ii) any agency established pursuant to Article 36 of the Public Health Law, including but not limited to certified home health agencies, long term home health care programs, [AIDS home care programs, licensed home care service agencies, and limited licensed home care service agencies]; (iii) hospices as defined in section 4002 of the Public Health Law; and (iv) adult care facility under the Department's regulatory authority... (2) 'Personnel'... shall mean all persons employed or affiliated with a covered entity, whether paid…

Enforcement: Public Health Law 12 (civil penalties); 10 NYCRR 2.61(e) (reporting; documentation open to Department inspection); licensure

Citation: Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health, 10 NYCRR 2.61 (emergency regulation) (Aug. 26, 2021) (Ex. SEC-04-058) Open the exhibit

Ex. SEC-04-033

Executive Order 2021-20 (COVID-19 Executive Order No. 87)

Executive Order requiring face coverings indoors and vaccination or testing of health care workers, school personnel, higher education and State congregate facility staff

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 30, 2021 to Sept. 3, 2021 (issued Aug. 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; HC (agencies within the facility definition); DN masks indoors
Grade: Primary source read
Days in this quarter: 5

Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering... shall be required to cover their nose and mouth with a face covering when in an indoor public place... Section 2: Vaccination Requirements for Health Care Workers... 'Health Care Facility' means any institution, building, or agency, or portion of an institution, building or agency, whether public or private (for-profit or nonprofit), that is used, operated or designed to provide health services, medical treatment or nursing, or rehabilitative or preventive care to any person or persons. This includes, but is not limited to,... hospices... long-term care facilities (including skilled and intermediate long-term care facilities licensed under the Nursing Home Care Act, the ID/DD Community Care Act…

Enforcement: IDPH; Illinois Department of Public Health Act; licensing

Citation: Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-04-033) Open the exhibit

Ex. SEC-04-065

Governor's Aug. 18, 2021 vaccination protocols for nursing home and hospital staff (as reported by WBOC)

Hogan Institutes Stricter Vaccine Protocols for Workers at Md. Nursing Homes, Hospitals

Governor Lawrence J. Hogan, Jr. (announcement); Maryland Department of Health (implementing order), Maryland (State)

Dates: In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Aug. 18, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS
Grade: Confirmed from a secondary source
Days in this quarter: 30 (in force on the last day)

Larry Hogan on Wednesday instituted new vaccination protocols at the state's hospitals and nursing homes to require that staff provide proof of vaccination against COVID-19. Workers at... the state's 227 nursing homes and all hospitals in the state will be required to get their first vaccine shot by Sept. 1.... Nursing homes that fail to comply with the [order face penalties].

Enforcement: MDH order.

Citation: Governor Lawrence J. Hogan, Jr. (announcement); Maryland Department of Health (implementing order), Governor's Aug. 18, 2021 vaccination protocols for nursing home and hospital staff (as reported by WBOC) (Ex. SEC-04-065) Open the exhibit

Ex. SEC-04-034

Executive Order 2021-22 (COVID-19 Executive Order No. 88)

Executive Order amending the vaccination and testing requirements of EO 2021-20

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 3, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

Section 2: Vaccination and Testing Requirements for Health Care Workers... b. All Health Care Workers must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine by September 19, 2021, and the second dose... within 30 days following administration of their first dose in a two-dose vaccination series. Any Health Care Workers who have not established that they are fully vaccinated... must [be tested at least weekly].

Enforcement: IDPH

Citation: Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 88) (Sept. 3, 2021) (Ex. SEC-04-034) Open the exhibit

Ex. SEC-04-051

Executive Order No. 13F

Protection of Public Health and Safety During COVID-19 Pandemic - Long-Term Care Facility Staff Vaccination

Governor Ned Lamont, Connecticut (State)

Dates: In force from Sept. 3, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; VS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

1. Repeal of Executive Order No. 13B. Executive Order No. 13B is repealed and superseded in its entirety by this order.... [long-term care facility defined as a nursing home, residential care home, assisted living services agency, managed residential community and others]... b. 'Covered LTC worker' shall include employees, consultants, [contractors, volunteers and others with direct access]... requirements that by September 27, 2021, long-term care facilities shall: [require every covered LTC worker to be vaccinated or exempt; exemption claims considered on an individualized, case-by-case basis with supporting documentation].

Enforcement: Civil penalty under Conn. Gen. Stat. 19a-525

Citation: Governor Ned Lamont, Executive Order No. 13F (Sept. 3, 2021) (Ex. SEC-04-051) Open the exhibit

Ex. SEC-04-030

Executive Order No. 252

Requiring covered workers in health care facilities and high-risk congregate settings to be fully vaccinated or undergo regular testing

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Sept. 7, 2021 to Jan. 19, 2022 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC aides of home health agencies and health care service firms; SN; IC; HR; WF; RS; IN
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

1. Covered health care and high-risk congregate settings... shall maintain a policy that requires all covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on September 7, 2021... 5.... Health care facilities shall include acute, pediatric, inpatient rehabilitation, and psychiatric hospitals... long-term care facilities... adult day care programs, and licensed home health agencies and registered health care service firms operating within the State. High-risk congregate settings shall include... 11. It shall be the duty of every person or entity in this State... to cooperate fully... [penalties under N.J.S.A. App. A:9-49 and -50].

Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense); Department of Health enforcement

Citation: Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-04-030) Open the exhibit

Ex. SEC-04-073

QSO-20-38-NH REVISED 09/10/2021

Interim Final Rule (IFC), CMS-3401-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency related to Long-Term Care (LTC) Facility Testing Requirements (REVISED)

Centers for Medicare & Medicaid Services, United States (Sector regulator)

Dates: In force from Sept. 10, 2021 to Sept. 23, 2022
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC; HR; RS; IN
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

Revised COVID-19 staff testing is based on the facility's county level of community transmission instead of county test positivity rate. The frequency of testing has also been updated.... 'Level of community transmission' refers to facility's county level of COVID-19 transmission.

Enforcement: F886

Citation: Centers for Medicare & Medicaid Services, QSO-20-38-NH REVISED 09/10/2021 (Sept. 10, 2021) (Ex. SEC-04-073) Open the exhibit

Ex. SEC-04-037

State Public Health Officer Order of September 28, 2021

Adult Care Facilities and Direct Care Worker Vaccine Requirement

State Public Health Officer and Director, California Department of Public Health, California (State)

Dates: In force from Sept. 28, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC home care aides and home health aides; SN; RS assisted living workers; IC; HR; WF
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

[All workers in the following settings must have their first dose of a one-dose regimen or their second dose] of a two-dose regimen by November 30, 2021: a. All workers who provide services or work in Adult and Senior Care Facilities licensed by the California Department of Social Services; b. All in-home direct care services workers, including registered home care aides and certified home health aides...; c. All waiver personal care services (WPCS) providers, as defined by the California Department of Health Care Services, and in-home supportive services (IHSS) providers...; d. All hospice workers who are providing services in the home or in a licensed facility... 13. This Order shall take effect immediately, and facilities and providers must be in full compliance with the Order [by November 30, 2021]. 14. This Order is issued pursuant to Health and Safety Code sections 120125, 120140…

Enforcement: Health & Safety Code 120275 et seq.; CDSS Home Care Services Bureau and Community Care Licensing

Citation: State Public Health Officer and Director, California Department of Public Health, State Public Health Officer Order of September 28, 2021 (Sept. 28, 2021) (Ex. SEC-04-037) Open the exhibit

Ex. SEC-04-055

DHSS announcement of vaccination-or-testing requirements for long-term care facilities, health care facilities and State employees

COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees

Delaware Department of Health and Social Services / Division of Public Health (release), Delaware (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS
Grade: Confirmed from a secondary source
Days in this quarter: 1 (in force on the last day)

[Beginning September 30, 2021, staff in long-term care facilities, health care facilities and State employees will be required to] provide proof of vaccination or to undergo regular testing to prevent the transmission of COVID-19 to vulnerable populations.

Enforcement: DHSS licensure (implementing instrument not identified)

Citation: Delaware Department of Health and Social Services / Division of Public Health (release), DHSS announcement of vaccination-or-testing requirements for long-term care facilities, health care facilities and State employees (Aug. 12, 2021) (Ex. SEC-04-055) Open the exhibit

Ex. SEC-04-056

Governor's release and letter of Aug. 17, 2021 urging expedited Board of Health rulemaking

Governor Polis Urges State Board of Health to Engage in Expedited Rulemaking to Require COVID-19 Vaccine for All Personnel Working Directly with Colorado's Vulnerable Populations and Settings Where Coloradans Receive Essential Medical Care

Governor Jared Polis (letter to the State Board of Health), Colorado (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 17, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; RS; HC
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Today, Governor Polis urged the State Board of Health to quickly engage in a rulemaking to require the safe and effective COVID-19 vaccine for personnel staffing vulnerable populations and places where people receive essential medical care.... As an employer, we practice what we preach and the State of Colorado will announce today that we will be requiring all personnel working in our 24/7 facilities receive their first dose by September 30th as a condition of employment.

Citation: Governor Jared Polis (letter to the State Board of Health), Governor's release and letter of Aug. 17, 2021 urging expedited Board of Health rulemaking (Ex. SEC-04-056) Open the exhibit

Ex. SEC-04-066

10-144 C.M.R. ch. 264 (emergency rule of Aug. 12, 2021), as described in Does 1-6 v. Mills, No. 21-1826 (1st Cir. Oct. 19, 2021)

Immunization Requirements for Healthcare Workers (COVID-19 emergency rule)

Maine Center for Disease Control and Prevention, Department of Health and Human Services (emergency rule); First Circuit (description), Maine (rule); United States Court of Appeals for the First Circuit (opinion) (Court)

Dates: In force from Oct. 1, 2021; end: Post-period (permanent rule 2021-2023) (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC home health agency employees; SN; RS; IC; HR; WF
Grade: Confirmed from a secondary source
Days in this quarter: 0

The emergency rule defines a healthcare facility as 'a [licensed nursing facility, residential care facility, intermediate care facility, multi-level healthcare facility, hospital, or home health agency]'... In adopting its emergency rule, Maine CDC considered the [rise of the Delta variant and the risk to vulnerable patients]... Along with adopting the emergency rule, [the State delayed enforcement to] October 29.

Enforcement: Licensure of facilities; 22 M.R.S. 802

Citation: Maine Center for Disease Control and Prevention, Department of Health and Human Services (emergency rule); First Circuit (description), 10-144 C.M.R. ch. 264 (emergency rule of Aug. 12, 2021), as described in Does 1-6 v. Mills, No. 21-1826 (1st Cir. Oct. 19, 2021) (Ex. SEC-04-066) Open the exhibit

Ex. SEC-04-067

OHA Frequently Asked Questions on the COVID-19 vaccination requirement for healthcare providers and staff (OAR 333-019-1010) and K-12 (OAR 333-019-1030)

COVID-19 Vaccination Requirements: Frequently Asked Questions (le3874)

Oregon Health Authority, Public Health Division, Oregon (State)

Dates: In force from Oct. 18, 2021 to Jan. 31, 2022 (issued Aug. 25, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC; HR; WF; HC; SN; RS
Grade: Confirmed from a secondary source
Days in this quarter: 0

[Healthcare providers and healthcare staff must provide proof of vaccination or an exception document] on or before October 18, 2021. Previously Governor Brown has stated, 'October 18, 2021 [or six weeks after full FDA approval, whichever] takes longer.' The Pfizer vaccine was approved by the FDA on August 23, 2021, solidifying October 18, 2021 as the date... related to OAR 333-019-1010.

Enforcement: Civil penalties under ORS 431A.010 and OAR 333-019-1010(8) (as described)

Citation: Oregon Health Authority, Public Health Division, OHA Frequently Asked Questions on the COVID-19 vaccination requirement for healthcare providers and staff (OAR 333-019-1010) and K-12 (OAR 333-019-1030) (Aug. 25, 2021) (Ex. SEC-04-067) Open the exhibit

Ex. SEC-04-059

Mayor's Order 2021-099

COVID-19 Vaccination Certification Requirement for District Government Employees, Contractors, Interns, and Grantees

Mayor Muriel Bowser, District of Columbia (City)

Dates: In force from Aug. 10, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: WF; IN (District personnel entering facilities)
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

Not machine-readable (scanned PDF); title from the District's health-guidance index: 'Mayor's Order 2021-099: COVID-19 Vaccination Certification Requirement for District Government Employees, Contractors, Interns, and Grantees.'

Enforcement: Employment and contract conditions

Citation: Mayor Muriel Bowser, Mayor's Order 2021-099 (Aug. 10, 2021) (Ex. SEC-04-059) Open the exhibit

Ex. SEC-04-046

PDPH-HAN-00363A

Health Alert: Guidance Regarding the COVID-19 Vaccine Mandate for Healthcare Workers

Philadelphia Department of Public Health, Health Alert Network, City of Philadelphia, Pennsylvania (City)

Dates: In force from Aug. 25, 2021 to Oct. 14, 2021
Quarters: 2021 Q3
Limitations: Health care ordersVaccination or testing
Functions reached: HC; IC; HR; WF
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

This mandate became Effective on August 16, 2021 and requires Healthcare Workers and certain workers at Healthcare Institutions to be fully vaccinated by October 15, 2021.... Does this mandate apply to home health care workers? Yes. Home Health Care Workers, home health aides, and home and community based care attendants providing in-person healthcare or healthcare related services, including family members serving as paid caregivers for other family members. The employing agencies of such individuals are considered Healthcare Institutions under the Regulation.

Enforcement: As in Ex. SEC-04-045

Citation: Philadelphia Department of Public Health, Health Alert Network, PDPH-HAN-00363A (Aug. 25, 2021) (Ex. SEC-04-046) Open the exhibit

Ex. SEC-04-052

Executive Order No. 13D

Protection of Public Health and Safety During COVID-19 Pandemic - Vaccinations Required for State Employees, School Employees and Childcare Facility Staff

Governor Ned Lamont, Connecticut (State)

Dates: In force from Sept. 27, 2021; end: Restated by EO 13G (Sept. 10, 2021) (issued Aug. 19, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: WF (school and child care staff of the workforce's children); IN (State employees entering facilities)
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

[Covered State employees, including those whose duties include] visits to such facilities, or to long-term care facilities as defined in [EO 13B]... shall take effect on September 27, 2021.

Enforcement: Employment consequences

Citation: Governor Ned Lamont, Executive Order No. 13D (Aug. 19, 2021) (Ex. SEC-04-052) Open the exhibit

Ex. SEC-04-057

Governor's announcement of Aug. 16, 2021 and DOH Section 16 orders

Governor Cuomo Announces COVID-19 Vaccination Mandate for Healthcare Workers

Governor Andrew M. Cuomo (release); New York State Department of Health (Section 16 orders), New York (State)

Dates: In force from Sept. 27, 2021; end: Superseded by 10 NYCRR 2.61 (Aug. 26, 2021) (issued Aug. 16, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersVaccination or testing
Functions reached: IC; HR; WF; RS
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

all healthcare workers in New York State, including staff at hospitals and long-term care facilities (LTCF), including nursing homes, adult care, and other congregate care settings, will be required to be vaccinated against COVID-19 by Monday, September 27. The State Department of Health will issue Section 16 Orders requiring all hospital, LTCF, and nursing homes to develop and implement a policy mandating employee vaccinations.

Enforcement: Public Health Law 16 orders; 12 (penalties)

Citation: Governor Andrew M. Cuomo (release); New York State Department of Health (Section 16 orders), Governor's announcement of Aug. 16, 2021 and DOH Section 16 orders (Ex. SEC-04-057) Open the exhibit

Ex. SEC-04-024

CMS press release, Aug. 18, 2021

Biden-Harris Administration Takes Additional Action to Protect America's Nursing Home Residents from COVID-19

Centers for Medicare & Medicaid Services (press release), United States (Federal)

Dates: In force from Aug. 18, 2021 to Nov. 5, 2021
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: HR; IC; WF
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

The Centers for Medicare & Medicaid Services (CMS), in collaboration with the Centers for Disease Control and Prevention (CDC), is developing an emergency regulation requiring staff vaccinations within the nation's more than 15,000 Medicare and Medicaid-participating nursing homes.

Enforcement: Announcement (context); conditions of participation to follow

Citation: Centers for Medicare & Medicaid Services (press release), CMS press release, Aug. 18, 2021 (Ex. SEC-04-024) Open the exhibit

Continuing in force from an earlier quarter of this report (21 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-04-069	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	In force from June 9, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-014	Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014)	In force from June 21, 2021 to Dec. 27, 2021	Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-023	Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023)	In force from June 21, 2021 to Dec. 27, 2021 (issued July 1, 2021)	Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-04-043	Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)	In force from Aug. 20, 2020 to Dec. 22, 2022	Gathering capHealth care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-005	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)	In force from Aug. 26, 2020 to Apr. 27, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-004	Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-04-008	Centers for Medicare & Medicaid Services, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (Ex. SEC-04-008)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. SEC-04-009	Centers for Medicare & Medicaid Services, QSO-21-19-NH (May 11, 2021) (Ex. SEC-04-009)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. SEC-04-015	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	In force from Mar. 1, 2020 to May 10, 2021 (issued Mar. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. SEC-04-078	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	In force from Mar. 6, 2020 to May 11, 2023	Health care ordersWorkplace rulesOther
Ex. SEC-04-011	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	In force from Mar. 9, 2020 to May 1, 2023	Health care ordersWorkplace rules
Ex. SEC-04-010	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-068	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	In force from Mar. 13, 2020 to Sept. 30, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-026	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	In force from Apr. 13, 2020 to May 1, 2023	Health care ordersQuarantine and isolation
Ex. SEC-04-006	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	In force from May 8, 2020 to Sept. 30, 2021	Health care ordersWorkplace rules
Ex. SEC-04-007	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersWorkplace rules
Ex. SEC-04-003	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED 04/27/2021 (Apr. 27, 2021) (Ex. SEC-04-003)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capHealth care ordersWorkplace rules
Ex. SEC-04-076	Director of Health, Ohio Department of Health, Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (2021 amendment) (May 4, 2021) (Ex. SEC-04-076)	In force from May 4, 2021 to Aug. 31, 2021	Health care ordersWorkplace rules
Ex. SEC-04-025	Centers for Medicare & Medicaid Services, QSO-21-17-NH (UPDATED 05/10/2021) (Apr. 8, 2021) (Ex. SEC-04-025)	In force from May 10, 2021 to May 1, 2023 (issued Apr. 8, 2021)	Health care ordersWorkplace rulesOther
Ex. SEC-04-017	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	In force from Mar. 1, 2020 to Sept. 30, 2021 (issued Apr. 6, 2020)	Health care ordersOther
Ex. SEC-04-016	Centers for Medicare & Medicaid Services, QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021) (Feb. 10, 2021) (Ex. SEC-04-016)	In force from Feb. 10, 2021 to May 1, 2023	Gathering capHealth care orders

Third quarter of 2021: the instruments in force, Home Care, Nursing and Senior Living (nationally)

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

SEC-04-014 / SEC-04-023: 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021), all quarter (compliance July 6 and July 21, 2021)
SEC-04-004 / SEC-04-022 / SEC-04-073: 42 C.F.R. 483.80(h) testing (CMS-3401-IFC); QSO-20-38-NH REVISED 04/27/2021 to Sept. 10, 2021, then REVISED 09/10/2021
SEC-04-006 / SEC-04-007: 42 C.F.R. 483.80(g) NHSN reporting
SEC-04-008 / SEC-04-009: 42 C.F.R. 483.80(d)(3) vaccine education, offering and reporting (effective May 21, 2021)
SEC-04-003: QSO-20-39-NH REVISED 04/27/2021 (visitation limits) until REVISED 11/12/2021 (SEC-04-077)
SEC-04-016: QSO-21-14-ICF/IID and PRTF REVISED 06/03/2021 (visitation)
SEC-04-015 / SEC-04-025: section 1135 blanket waivers for LTC facilities, HHAs and hospices as narrowed by QSO-21-17-NH
SEC-04-017: CMS-1744-IFC telehealth, homebound and face-to-face rules (PHE)
SEC-04-078: Pennsylvania Appendix K (Mar. 6, 2020 to May 11, 2023) as the exemplar of the Appendix K instruments in force in every State
SEC-04-036: California SPHO Order of July 26, 2021 (effective Aug. 9; full compliance Aug. 23, 2021)
SEC-04-035: California SPHO Order of Aug. 5, 2021 (fully vaccinated by Sept. 30, 2021)
SEC-04-037: California SPHO Order of Sept. 28, 2021 (in-home direct care, home care aides, home health aides, hospice, adult and senior care facilities; Nov. 30, 2021 deadline)
SEC-04-068: California AFL 20-22.9 (Aug. 12, 2021) SNF visitation and visitor testing
SEC-04-030: New Jersey EO 252 (Aug. 6, 2021; effective Sept. 7, 2021)
SEC-04-031 / SEC-04-051: Connecticut EO 13B (Aug. 6, 2021) and EO 13F (Sept. 3, 2021)
SEC-04-032 / SEC-04-061: Washington Proclamations 21-14 (Aug. 9, 2021) and 21-14.1 (Aug. 20, 2021)
SEC-04-057 / SEC-04-058: New York DOH 10 NYCRR 2.61 (effective Aug. 26, 2021)
SEC-04-033 / SEC-04-034: Illinois EO 2021-20 (Aug. 26, 2021) and EO 2021-22 (Sept. 3, 2021)
SEC-04-045 / SEC-04-046: Philadelphia Board of Health Emergency Regulation (adopted Aug. 12; effective Aug. 16, 2021)
SEC-04-053: Rhode Island 216-RICR-20-15-8 (emergency adoption Aug. 17, 2021)
SEC-04-066: Maine CDC emergency rule 10-144 CMR ch. 264 (Aug. 12, 2021) as described by the First Circuit
SEC-04-067: Oregon OAR 333-019-1010 (temporary adoptions Aug. 5, Aug. 25 and Sept. 1, 2021)
SEC-04-055: Delaware DHSS vaccination-or-testing requirement (announced Aug. 12, 2021; from Sept. 30, 2021)
SEC-04-065: Maryland nursing home and hospital staff requirement (Aug. 18, 2021; first dose by Sept. 1, 2021)
SEC-04-056: Colorado Board of Health emergency rulemaking (requested Aug. 17, 2021; adopted Aug. 30, 2021 per secondary sources)
SEC-04-024: CMS announcement of Aug. 18, 2021 (nursing home staff vaccination condition to be issued)
SEC-04-076: Ohio Director's Amended Order for testing of nursing home residents and staff (2021 amendment; captured July 18, 2021)
SEC-04-043: New Jersey Executive Directive 20-026 (Aug. 20, 2020) phased resumption in force all quarter.
Massachusetts nursing home staff vaccination requirement (announced Aug. 4, 2021; enforcement Oct. 10, 2021) (verified_secondary; no exhibit)
District of Columbia health care worker vaccination requirement (DC Health, Aug. 16, 2021; Sept. 30, 2021 deadline) (verified_secondary; no exhibit)

6. The industry's regime in the States

No State was selected. The industry's State-by-State regime table is on the industry page at covidproject.com/industries/home-care-senior-living.

7. Group meetings, trade shows and seasons the industry lost

The organizers' own notices of the trade shows, conventions, seasons and tournaments this industry lost in the quarters selected, with the reason each organizer gave. A cancelled meeting is a limitation on group meetings in the statute's words, and it reached the industry's customer base and its sales calendar.

8. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business of the industry Home Care, Nursing and Senior Living with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Step one, the orders. In the second quarter of 2020 the Library holds 204 instruments in force for this selection: 25 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047); Governor Brian P. Kemp, Executive Order 04.08.20.03 (Apr. 8, 2020) (Ex. SEC-04-060); and 22 more) and 179 federal instruments (Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170); Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171); Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159); and 176 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 3 more); skilled nursing and assessments (SN; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 2 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-047, Ex. SEC-04-060, Ex. SEC-04-049 and 14 more); visitation (VS; Ex. SEC-04-047, Ex. SEC-04-060, Ex. SEC-04-078, Ex. SEC-04-011 and 7 more); intake and referrals (IN; Ex. SEC-04-047, Ex. SEC-04-060, Ex. SEC-04-049, Ex. SEC-04-042 and 13 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-047, Ex. SEC-04-060, Ex. SEC-04-049 and 15 more); dining and activities (DN; Ex. SEC-04-001, Ex. SEC-04-040, Ex. SEC-04-013, Ex. SEC-04-012); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-060, Ex. SEC-04-049, Ex. SEC-04-042 and 7 more); office, administration and telework (OF; Ex. SEC-04-047, Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-006 and 6 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-042, Ex. SEC-04-078 and 2 more); patients and payers (CB; Ex. SEC-04-049, Ex. SEC-04-078, Ex. SEC-04-010, Ex. SEC-04-001 and 9 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047) ordered: "Not machine-readable (scanned PDF); described from the City's emergency-orders collection as the Commissioner's order imposing screening, isolation, cohorting, reporting and visitor restrictions on long-term care facilities." Enforcement: Philadelphia Code 6-205; Board of Health fines regulation (Apr. 29, 2020) Governor Brian P. Kemp, Executive Order 04.08.20.03 (Apr. 8, 2020) (Ex. SEC-04-060) ordered: "Not machine-readable (scanned PDF); title from the Governor's 2020 executive orders index. Described from the State file as requiring long-term care facilities to restrict visitors and non-essential personnel, screen staff, isolate symptomatic residents, and cooperate with DPH." Enforcement: O.C.G.A. 38-3-7 (misdemeanor); DCH licensure The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 22 of the quarter's 110 days; Order of the Health Commissioner regarding Long-Term Care Facilities (Ex. SEC-04-047) was in force from Apr. 8, 2020 to Sept. 23, 2020, 84 of the quarter's 110 days; Executive Order 04.08.20.03 (Ex. SEC-04-060) was in force from Apr. 8, 2020 to June 30, 2020, 84 of the quarter's 110 days. Of the 25 instruments in the quarter's record, 8 were in force on its first day, 25 on its last day and 8 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Step one, the orders. In the third quarter of 2020 the Library holds 194 instruments in force for this selection: 31 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047); Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049); and 28 more) and 163 federal instruments (CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170); and 160 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 3 more); skilled nursing and assessments (SN; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 2 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-047, Ex. SEC-04-049, Ex. SEC-04-042 and 19 more); visitation (VS; Ex. SEC-04-047, Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-011 and 10 more); intake and referrals (IN; Ex. SEC-04-047, Ex. SEC-04-049, Ex. SEC-04-042, Ex. SEC-04-043 and 17 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-047, Ex. SEC-04-049, Ex. SEC-04-042 and 18 more); dining and activities (DN; Ex. SEC-04-043, Ex. SEC-04-001, Ex. SEC-04-002, Ex. SEC-04-040 and 3 more); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-042, Ex. SEC-04-043 and 10 more); office, administration and telework (OF; Ex. SEC-04-047, Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-006 and 7 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-042, Ex. SEC-04-005 and 4 more); patients and payers (CB; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-010 and 12 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047) ordered: "Not machine-readable (scanned PDF); described from the City's emergency-orders collection as the Commissioner's order imposing screening, isolation, cohorting, reporting and visitor restrictions on long-term care facilities." Enforcement: Philadelphia Code 6-205; Board of Health fines regulation (Apr. 29, 2020) Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049) ordered: "[It is] necessary to require that the operator and administrator of all nursing homes and all adult care facilities, [test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff,] operators and administrators, for COVID-19, twice per week…" Enforcement: Public Health Law 12 (civil penalties up to $2,000 per violation as recited in the EO series); licensure The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Order of the Health Commissioner regarding Long-Term Care Facilities (Ex. SEC-04-047) was in force from Apr. 8, 2020 to Sept. 23, 2020, 85 of the quarter's 92 days; Executive Order No. 202.30 (Ex. SEC-04-049) was in force from May 10, 2020 to June 24, 2021, 92 of the quarter's 92 days. Of the 31 instruments in the quarter's record, 23 were in force on its first day, 25 on its last day and 18 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Step one, the orders. In the fourth quarter of 2020 the Library holds 182 instruments in force for this selection: 22 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049); Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043); and 19 more) and 160 federal instruments (CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170); and 157 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 3 more); skilled nursing and assessments (SN; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 2 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 10 more); visitation (VS; Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-068 and 4 more); intake and referrals (IN; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005, Ex. SEC-04-004 and 10 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 12 more); dining and activities (DN; Ex. SEC-04-043, Ex. SEC-04-002, Ex. SEC-04-013, Ex. SEC-04-012 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 7 more); office, administration and telework (OF; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-006, Ex. SEC-04-007 and 5 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-005, Ex. SEC-04-004 and 2 more); patients and payers (CB; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-010 and 8 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049) ordered: "[It is] necessary to require that the operator and administrator of all nursing homes and all adult care facilities, [test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff,] operators and administrators, for COVID-19, twice per week…" Enforcement: Public Health Law 12 (civil penalties up to $2,000 per violation as recited in the EO series); licensure Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043) ordered: "WHEREAS, resumption of services for LTCFs requires a phased in approach, based on each [facility's outbreak status, testing and staffing]... [facilities that cannot meet the criteria revert] to the maximum restrictions of Phase zero (0), as described herein. Phases per this Directive: Phase 0: Any…" Enforcement: N.J.S.A. 26:13-19 et seq.; licensure The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order No. 202.30 (Ex. SEC-04-049) was in force from May 10, 2020 to June 24, 2021, 92 of the quarter's 92 days; Executive Directive No. 20-026 (Ex. SEC-04-043) was in force from Aug. 20, 2020 to Dec. 22, 2022, 92 of the quarter's 92 days. Of the 22 instruments in the quarter's record, 22 were in force on its first day, 22 on its last day and 22 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Step one, the orders. In the first quarter of 2021 the Library holds 196 instruments in force for this selection: 21 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049); Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043); and 18 more) and 175 federal instruments (CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180); and 172 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 3 more); skilled nursing and assessments (SN; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-010 and 2 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 10 more); visitation (VS; Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-011, Ex. SEC-04-068 and 4 more); intake and referrals (IN; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005, Ex. SEC-04-004 and 11 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 11 more); dining and activities (DN; Ex. SEC-04-043, Ex. SEC-04-002, Ex. SEC-04-075, Ex. SEC-04-012); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 6 more); office, administration and telework (OF; Ex. SEC-04-015, Ex. SEC-04-078, Ex. SEC-04-006, Ex. SEC-04-007 and 4 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-049, Ex. SEC-04-005, Ex. SEC-04-004 and 2 more); patients and payers (CB; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-010 and 8 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049) ordered: "[It is] necessary to require that the operator and administrator of all nursing homes and all adult care facilities, [test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff,] operators and administrators, for COVID-19, twice per week…" Enforcement: Public Health Law 12 (civil penalties up to $2,000 per violation as recited in the EO series); licensure Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043) ordered: "WHEREAS, resumption of services for LTCFs requires a phased in approach, based on each [facility's outbreak status, testing and staffing]... [facilities that cannot meet the criteria revert] to the maximum restrictions of Phase zero (0), as described herein. Phases per this Directive: Phase 0: Any…" Enforcement: N.J.S.A. 26:13-19 et seq.; licensure The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days; Executive Order No. 202.30 (Ex. SEC-04-049) was in force from May 10, 2020 to June 24, 2021, 90 of the quarter's 90 days; Executive Directive No. 20-026 (Ex. SEC-04-043) was in force from Aug. 20, 2020 to Dec. 22, 2022, 90 of the quarter's 90 days. Of the 21 instruments in the quarter's record, 19 were in force on its first day, 19 on its last day and 17 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Step one, the orders. In the second quarter of 2021 the Library holds 190 instruments in force for this selection: 25 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014); Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023); and 22 more) and 165 federal instruments (Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080); CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); and 162 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-015, Ex. SEC-04-078 and 5 more); skilled nursing and assessments (SN; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-015, Ex. SEC-04-078 and 5 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-049 and 13 more); visitation (VS; Ex. SEC-04-014, Ex. SEC-04-043, Ex. SEC-04-078, Ex. SEC-04-011 and 4 more); intake and referrals (IN; Ex. SEC-04-014, Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-005 and 13 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-049 and 14 more); dining and activities (DN; Ex. SEC-04-014, Ex. SEC-04-043, Ex. SEC-04-075, Ex. SEC-04-003); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-049 and 10 more); office, administration and telework (OF; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-008, Ex. SEC-04-009 and 8 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-049 and 4 more); patients and payers (CB; Ex. SEC-04-049, Ex. SEC-04-043, Ex. SEC-04-008, Ex. SEC-04-009 and 10 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014) ordered: "1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to... (v) home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and…" Enforcement: 29 U.S.C. 658, 666; DIR 2021-02 inspection procedures; State Plan equivalents Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023) ordered: "See Ex. SEC-04-014; paragraph (s)(2): (i) Employers must comply with all requirements of this section, except for requirements in paragraphs (i), (k), and (n) of this section by July 6, 2021. (ii) Employers must comply with the requirements of this section in paragraphs (i), (k), and (n) of this…" Enforcement: 29 U.S.C. 658, 666 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (Ex. SEC-04-014) was in force from June 21, 2021 to Dec. 27, 2021, 10 of the quarter's 91 days; 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023) was in force from June 21, 2021 to Dec. 27, 2021, 10 of the quarter's 91 days. Of the 25 instruments in the quarter's record, 18 were in force on its first day, 22 on its last day and 15 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 212 instruments in force for this selection: 45 instruments from the regulators of Home Care, Nursing and Senior Living (California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069); Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014); Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023); and 42 more) and 167 federal instruments (Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080); CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168); Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092); and 164 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Home Care and Senior Living industry, as the Library records them: in-home visits (HC; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-045, Ex. SEC-04-053 and 13 more); skilled nursing and assessments (SN; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-045, Ex. SEC-04-053 and 11 more); residential care (RS; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-043 and 30 more); visitation (VS; Ex. SEC-04-014, Ex. SEC-04-043, Ex. SEC-04-031, Ex. SEC-04-032 and 6 more); intake and referrals (IN; Ex. SEC-04-014, Ex. SEC-04-043, Ex. SEC-04-005, Ex. SEC-04-004 and 17 more); infection control and staff mandates (IC; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-043 and 34 more); dining and activities (DN; Ex. SEC-04-014, Ex. SEC-04-043, Ex. SEC-04-033, Ex. SEC-04-003); hiring, screening, training and credentialing (HR; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-043 and 30 more); office, administration and telework (OF; Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-008, Ex. SEC-04-009 and 7 more); workforce availability (WF; Ex. SEC-04-069, Ex. SEC-04-014, Ex. SEC-04-023, Ex. SEC-04-005 and 26 more); patients and payers (CB; Ex. SEC-04-043, Ex. SEC-04-008, Ex. SEC-04-009, Ex. SEC-04-078 and 7 more).

Step three, the change compelled. California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) ordered: "December 27, 2021 AFL 20-53.6 (This AFL supersedes AFL 20-53.5)... [This AFL] also updates the testing requirements to require twice weekly COVID-19 testing for unvaccinated exempt HCP and booster-eligible HCP who have not yet received their booster.... In addition to the guidance provided below…" Enforcement: CDPH licensing; SPHO orders Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014) ordered: "1910.502(a)(1): This section applies to all settings where any employee provides healthcare services or healthcare support services. (a)(2): This section does not apply to... (v) home healthcare settings where all employees are fully vaccinated and all non-employees are screened prior to entry and…" Enforcement: 29 U.S.C. 658, 666; DIR 2021-02 inspection procedures; State Plan equivalents Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023) ordered: "See Ex. SEC-04-014; paragraph (s)(2): (i) Employers must comply with all requirements of this section, except for requirements in paragraphs (i), (k), and (n) of this section by July 6, 2021. (ii) Employers must comply with the requirements of this section in paragraphs (i), (k), and (n) of this…" Enforcement: 29 U.S.C. 658, 666 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069) was in force from June 9, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (Ex. SEC-04-014) was in force from June 21, 2021 to Dec. 27, 2021, 92 of the quarter's 92 days; 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023) was in force from June 21, 2021 to Dec. 27, 2021, 92 of the quarter's 92 days. Of the 45 instruments in the quarter's record, 19 were in force on its first day, 37 on its last day and 18 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Home Care and Senior Living industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

9. The Service's sentences, answered for Home Care, Nursing and Senior Living

The Service's letters and examination reports state their grounds in fourteen formulations. Each is answered here from the statute, from the United States' own representations to two federal courts, from the Notice's own text and from the orders. Not one survives the record.

Each sentence below is stated in the Service's general vocabulary and answered from the industry analysis; the full answer, with its footnotes, is on the ground page linked beneath it.

Sentence 1: Ground 1. "There were no government orders related to COVID-19 in effect during the quarter."

Our records indicate there were no government orders related to COVID-19 in effect during the quarter(s) you claimed ERC which could have fully or partially suspended your trade or business.

For an employer in this industry the sentence is false in every one of the six quarters, and it is false in every State. In the second quarter of 2020 the following were in force on every day in every State: the visitation, communal-dining and screening directive of March 13, 2020 to every certified nursing home; the home health and hospice infection-control directives of March 9 and 10, 2020; the section 1135 blanket waivers retroactive to March 1, 2020; the interim final rule of April 6, 2020; the transfer and cohorting directive of April 13, 2020; the notification and reporting condition of May 8, 2020; and, in forty-two States and territories, a mandatory stay-at-home order covering 2,355 of the nation's 3,233 counties. In the third quarter of 2020 the testing condition of participation at 42 C.F.R. § 483.80(h) and its schedule, the conditional visitation rule of September 17, 2020, and the State universal-testing orders of New York, New Jersey, Pennsylvania, Ohio, Connecticut, Florida and others were in force. In the fourth quarter of 2020 and the first quarter of 2021 the same federal conditions were in force, joined by the winter re-tightening orders of the States, the staff-testing orders of West Virginia and Kansas, and, from February 1, 2021, the federal conveyance order. In the second quarter of 2021 the conditional visitation rule as revised April 27, 2021, the testing condition, the vaccine education and reporting condition effective May 21, 2021, and, from June 21, 2021, the OSHA Healthcare Emergency Temporary Standard were in force. In the third quarter of 2021 the standard was in force on every day of the quarter in every State, the testing condition was revised inside the quarter on September 10, 2021, the conveyance order was in force on every day, and the health-care-worker mandates of California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania (Philadelphia), Rhode Island and Washington issued between July 26 and September 28, 2021. The sentence is not a contestable characterization of a mixed record. It is factually incorrect.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: Ground 2. "The employer was designated essential and remained open."

The employer was designated essential and remained open.

The essential designation is the reason the orders imposed conditions on this industry rather than closing it, and it exempted no facility or agency from a single one of them. Q&A-11's own first sentence excludes only an employer whose order "allows all of the employer's operations to remain open," and Q&A-17's Example 4 finds a hospital, designated essential in every State, partially suspended by an order treating its elective procedures as non-essential. The United States has represented that whether a business is essential is determined "by looking to the governmental order affecting [the employer's] operations," and Tri-State found an essential hospital partially suspended by a proclamation carrying "over 30 separate requirements." Every nursing home in the United States was essential and every nursing home in the United States was ordered to bar its visitors, cancel its dining, screen its doors and test its staff. Every home health agency was essential and every home health agency in New Jersey, New York, California, Massachusetts, Maine, Delaware, Philadelphia, Los Angeles County and Denver was placed under a vaccination or testing mandate naming it in terms, and Washington's Proclamation 21-14 covered every residential long-term care setting and drew its line at the door of the home only by naming home care, home health and hospice care to exclude them. "Remained open" describes a building with a locked front door, a screener at the loading dock, an empty dining room and a testing station in the lobby. That is a partial suspension by the Notice's own definition of a workplace open "for other limited purposes."

Read the full answer to sentence 2 and the record behind it →

Sentence 3: Ground 3. "Stay-at-home orders directed to the public are not considered."

Stay-at-home orders directed to the public are not considered.

The Notice's own list of "orders, proclamations, or decrees" that qualify begins with "[a]n order from the city's mayor stating that all non-essential businesses must close" and includes "[a] State's emergency proclamation that residents must shelter in place for a specified period" and "[a]n order from a local official imposing a curfew on residents that impacts the operating hours of a trade or business." Those are orders to the public. The United States has represented to the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party." The stay-at-home orders confined the industry's patients to their homes and their households to a shrinking circle of permitted visitors, confined the industry's aides except for their own essential work, closed the schools and child care on which the aides depended, and in many States carried express provisions on long-term care: California's order of March 19, 2020 incorporated the State Public Health Officer's direction on the critical infrastructure workforce; Iowa's proclamation of March 26, 2020 suspended nonessential medical and dental procedures; Alabama's State Health Officer order of March 19, 2020 addressed hospital and nursing home visitation in the same instrument that closed gatherings; and Colorado's Public Health Order 20-20 of March 12, 2020, amended eight times through September 27, 2021, regulated skilled nursing, assisted living and intermediate care facilities throughout the period. The exception for orders to the public on which this ground rests is the tail of the very sentence in Doc. 44 in which the United States acknowledged that orders "directed at business operations (operational hours, space, etc.) would also be considered," and it follows the sentence acknowledging that "employees having to wear face masks may impact business operations"; it has no source in the statute; and the Q&A-13 exclusion from which it derives was confined by the Service's own April 29, 2020 FAQ to an employer designated essential and "not required to close its physical locations or otherwise suspend its operations" claiming a suspension "for the sole reason" of the customers' order. No employer in this industry is in that position.

Read the full answer to sentence 3 and the record behind it →

Sentence 4: Ground 4. "The employer could continue comparable operations through telework."

The employer could continue comparable operations through telework.

The word "comparable" and the word "telework" appear nowhere in the Suspension Clause. Q&A-16's third factor states that "[i]f the employer's physical work space is so critical to its trade or business operations that tasks central to the trade or business's operations are unable to be performed remotely, then this factor alone indicates that the employer is not able to continue comparable operations." An aide cannot bathe a patient by telephone; a nurse cannot change a dressing, draw blood or administer an injection over video; a resident cannot be fed, turned or toileted remotely; a family cannot visit a dying parent through a window and call it comparable; a hospice chaplain barred from a nursing home cannot sit with a patient. Q&A-15's Example 2 finds a physical-therapy practice partially suspended because "employees cannot access specific equipment or tools" and because not every patient of the practice can be served remotely. Where remote work was possible in this industry, it was possible because an order permitted it and compelled it: the section 1135 waivers permitting remote initial assessments and remote aide supervision, the interim final rule permitting services "via a telecommunications system, as long as such services do not: (1) Substitute for in-person home health services ordered as part of a plan of care certified by a physician; and (2) are not considered a home health visit for purposes of eligibility or payment," the Appendix K amendments permitting remote level-of-care evaluations, and the hospice face-to-face encounter by telehealth were changes in the manner of operation compelled by the stay-at-home orders and permitted by the waivers, and each is a compelled modification under Q&A-17, not a continuation of comparable operations. The transition sentence of Q&A-16, which expects "some adjustment period" and treats "a significant delay (for example, beyond 2 weeks)" in moving to comparable telework as itself "a partial suspension during that transition period," has no application to a change the orders compelled for more than fourteen months.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: Ground 5. "The orders affected the employer's customers, not the employer."

The orders affected the employer's customers, not the employer.

Q&A-13 reaches, by its own text, an employer that "suspends some or all of its operations because its customers are subject to a government order requiring them to stay at home," and its own example an employer that "is an essential business and is not required to close its locations or suspend its operations"; the Service's FAQ 32 of April 29, 2020 confined the exclusion in terms to "[a]n employer that operates an essential business that is not required to close its physical locations or otherwise suspend its operations" claiming a suspension "for the sole reason" of the customers' order. The orders on this industry were addressed to the employer itself. "The facility must test residents and facility staff." "This section applies to all settings where any employee provides healthcare services or healthcare support services." "Covered health care and high-risk congregate settings ... must maintain a policy that requires covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly." "Covered entities shall continuously require personnel to be fully vaccinated against COVID-19." Facilities were to restrict "visitation of all visitors and non-essential health care personnel" and to "[c]ancel communal dining and all group activities," on pain of citation through the survey process at F563 and F880. Each of those is an order on the employer. Where the orders also confined the industry's patients and families, that confinement is a suspension "due to" an order under Q&A-10, Q&A-12 and the United States' own account of third-party orders, and Q&A-13 by its terms does not reach it. The ground presupposes an employer the orders never named. There is no such employer in this industry; every one of them was named, by condition of participation, by occupational standard and by health officer order.

Read the full answer to sentence 5 and the record behind it →

Sentence 6: Ground 6. "The suspension was voluntary."

The suspension was voluntary.

Q&A-14 reaches only an employer that "voluntarily suspends operation of a trade or business or voluntarily reduces hours due to COVID-19" where, in the question's own words, "the suspension or reduction in hours is not due to a governmental order"; where an order restricts, the suspension is not voluntary by definition. Tri-State held that the hospital's protocols "were not voluntary" because "the Proclamation required" them, and that the United States' contrary account would leave "not many businesses or any business that would be eligible under the ERC at all." CMS enforced the March 13, 2020 visitation and dining directions through the State survey agencies under 42 C.F.R. § 483.10(f)(4) and § 483.80 and directed surveyors to investigate noncompliance at F563 and F880; the testing condition carries its own tag, F886; the OSHA standard carries the penalties of section 17 of the Occupational Safety and Health Act; New Jersey's Executive Order 252 carries the penalties of N.J.S.A. App. A:9-49 and 9-50; Connecticut's Executive Order 13B carries the civil penalty of section 19a-525 of the General Statutes; Philadelphia's regulation makes inspection "a condition of operation." Where a federal memorandum recommended and the State ordered, as with the reopening phases of QSO-20-30-NH that New Jersey, Pennsylvania, Florida, West Virginia, Louisiana, Maryland and others adopted by executive directive, the State order is the command and this analysis cites it. Nothing in this industry's compliance was voluntary.

Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order" (Q&A-14, at 929), and the United States and the District Court have defined the excluded employer as one "not being ordered to do so" and as one that "could nonetheless, with telework, 'continue operations comparable to its operations prior to the closure' but chooses not to." No employer in this industry answered that description in any quarter. The standing statutes commanded the conduct independently of the emergency orders and punished disobedience: in Texas, "Each person shall act responsibly to prevent and control communicable disease" and "Each employer shall" maintain "a place of employment that is reasonably safe and healthful"; in every State, "Each employer ... shall furnish to each of his employees employment and a place of employment which are free from recognized hazards," enforced by citation from September 2020; and on every certified nursing facility since 2016, "The facility must establish and maintain an infection prevention and control program" (the standing duties). The legislatures then fixed the standard of care as compliance with governmental standards, guidance and protocols, Texas for every action commenced on or after March 13, 2020 and Arizona retroactively to March 10, 2020. Those statutes had no COVID-19 content until the health authorities supplied it; the measures were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation, and the causation here runs from the command to the measure without an intervening choice; an owner's later description of compliance as a choice is not an element of the statutory test and not evidence of the counterfactual. The Notice's own words confirm the result: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order (Q&A-18, at 930). A statute that commands conduct is an order from an appropriate governmental authority, and the source of the command is irrelevant (see the statute). The Service's premise under Q&A-14 is the absence of a command. It fails wherever a command reached the employer, and in this industry a command reached every employer on every day of the six quarters.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: Ground 7. "The suspension was not more than nominal because it did not reach ten percent."

The suspension was not more than nominal because it did not reach ten percent.

The ten percent figure is, on the United States' representations to two federal courts, a safe harbor and not a floor:

"Effectively, this is a safe harbor ... Properly understood, it isn't an eligibility requirement"; "the IRS did not say that a taxpayer cannot qualify for the ERC if they have been impacted less than 10 percent"; the figure "exists only as a safe harbor"; and the provision states "sufficient--though not necessary--conditions" and is "a quintessential safe harbor."

Read the full answer to sentence 7 and the record behind it →

Sentence 8: Ground 8. "The modifications had only a nominal effect, like masks and gloves."

The modifications had only a nominal effect, like masks and gloves.

Q&A-18's first paragraph lists among the compelled modifications that constitute a partial suspension "requiring employees and customers to wear face coverings," "changing the format of service" and "requiring services to be performed only on an appointment basis"; its last sentence, added on March 1, 2021, states that mask, glove and one-way-aisle rules "will not result in more than a nominal effect." The United States has told the District Court the opposite of the letters' premise:

employees having to wear face masks may impact business operations

Read the full answer to sentence 8 and the record behind it →

Sentence 9: Ground 9. "An emergency declaration is not an order."

An emergency declaration is not an order.

A bare declaration of emergency, unaccompanied by operative commands, is the legal predicate of the orders issued under it, and this analysis cites it as that predicate; where a declaration itself carries operative provisions limiting commerce, travel or group meetings, it is an order and is cited as one. Q&A-10 says as much, and the orders issued under a declaration are, on Q&A-10's own list, governmental orders. The declarations here were the legal predicate of the operative commands and are cited for that reason: the public health emergency determination of January 31, 2020 and the national emergency of March 13, 2020 authorized the section 1135 waivers, retroactive to March 1, 2020, and the interim final rules that amended the conditions of participation; each State's declaration authorized the health officer orders, the testing orders and the visitation orders that followed under it; and many declarations themselves carried operative provisions, as Iowa's proclamation of March 26, 2020 carried the suspension of nonessential procedures and Alabama's proclamation of August 13, 2021 carried the health-care staffing and facility provisions of the Delta wave. The commands are the orders; the declarations are why they were lawful.

Read the full answer to sentence 9 and the record behind it →

Sentence 10: Ground 10. "The supplier was not ordered closed."

The supplier was not ordered closed.

Q&A-12 asks whether the employer's "suppliers are unable to make deliveries of critical goods or materials due to a governmental order that causes the supplier to suspend its operations," and the United States has represented that the supplier rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier." Chief Counsel's memorandum of June 30, 2023 addresses an employer whose supplier suffered "residual delays" after the orders on the supplier had ended; it does not address a supplier under a current order. This industry's suppliers were under current orders throughout. Its supplier of referrals, the hospital, was ordered by the Governors and health officers of New York, Texas, Utah, Kentucky, Arkansas, Alaska, Iowa and others to suspend elective procedures in the spring of 2020, and by Pennsylvania again from November 23, 2020 through August 23, 2021; its supplier of admissions was ordered by New York to furnish a negative test before discharge; its supplier of labor was ordered by the school closures of every State to keep children home; its supplier of transportation was ordered by the conveyance order to require a face covering of every passenger, an airborne-transmission control on every vehicle, and by the transit agencies to reduce service; and its suppliers of personal protective equipment operated under the Defense Production Act allocation orders of April 2020. The supplier ground presupposes a supplier free of orders, and none existed.

Read the full answer to sentence 10 and the record behind it →

Sentence 11: Ground 11. "The orders were lifted, and only 'lingering effects' remained."

The orders were lifted, and only "lingering effects" remained.

This analysis claims no quarter on after-effects alone, and the interconnected-economy section above states the rule it applies: a quarter qualifies when an order in force within it caused a delay, interruption or termination of a portion of the employer's operations within it, and the order's earlier issuance is no objection because the statute asks whether the suspension occurred "during the calendar quarter," not whether the order did. Q&A-22 confirms that an employer whose suspension covers part of a quarter is eligible for the quarter. The general orders on the public ended in most States between May and July 2021. The orders on this industry did not. The testing condition of participation was revised inside the third quarter of 2021; the conditional visitation rule of April 27, 2021 governed every nursing home through November 12, 2021; the OSHA standard governed every workplace in the industry from June 21 through December 27, 2021; the State residential-care orders of Michigan, Colorado, Louisiana, North Carolina, West Virginia, Washington, Kansas, Massachusetts, Idaho and Arkansas, and Missouri's case-reporting order, were in force on September 30, 2021; and the vaccination and testing mandates of fifteen jurisdictions issued inside the quarter. The phrase in this ground's heading presupposes a period in which the orders on this industry had ended. No such period occurred before September 30, 2021: the federal conditions never lapsed, and where a general order ended, the industry-specific order that succeeded it is cited here by exhibit number. The ground describes a quarter that did not occur.

Read the full answer to sentence 11 and the record behind it →

Sentence 12: Ground 12. "The employer's gross receipts did not decline."

The employer's gross receipts did not decline.

The Suspension Clause and the gross-receipts clause are alternatives joined by "or," and Tri-State held that the gross-receipts route is "by Defendant's admission, another method to qualify under for the credit," so that "the fact an employer can be eligible and affected without partial or full suspension is reasonable"; the court found the United States' contrary argument "contradictory." An employer paid by Medicare and Medicaid at fixed rates for the visits and days it delivered, and paid retainer payments and Provider Relief Fund distributions to keep its workforce, could sustain receipts while the orders terminated its visitation function, cancelled its dining, delayed its admissions and excluded its untested workers. Receipts that did not decline show only that Congress's other route was not the route taken; they prove nothing about whether the operation was partially suspended, and Congress placed no receipts condition on the Suspension Clause.

Read the full answer to sentence 12 and the record behind it →

Sentence 13: Ground 13. "The CMS memoranda and health department directives were guidance, not orders."

The CMS memoranda and health department directives were guidance, not orders.

The word the Service uses for its own Notice is the word it here applies to instruments that carried civil money penalties, exclusion from Medicare and criminal sanctions. The conditions of participation at 42 C.F.R. §§ 483.80(g), 483.80(h) and 483.80(d)(3) were added by interim final rule with the force of law, published in the Federal Register, and enforced at F884, F886 and F887 through civil money penalties. The Quality, Safety & Oversight memoranda directed the State survey agencies to investigate noncompliance with the visitation and infection-control requirements at the existing tags F563 and F880, and QSO-20-39-NH says so on its face; the March 13, 2020 memorandum's directions were adopted as binding State and local law by executive order or health officer order in Florida, Georgia, North Carolina, New Jersey, Ohio, California, the District of Columbia and Dane County. The OSHA standard is a regulation enforced by citation and penalty under 29 U.S.C. § 666. The State health department directives were issued under statutes that make violation a crime or a licensure offense, and the Governors' orders under emergency statutes carrying fines and imprisonment. Chief Counsel itself defines an order as "a command or mandate delivered by a government official"; every instrument cited in the layers and quarters sections above is one. Where an instrument used the language of recommendation, this analysis says so and treats it as guidance, and it grounds no finding on it. An instrument that carries a civil money penalty, a licensure sanction or a criminal fine is an order in every sense the Service's own Chief Counsel has given the word; the label "guidance" belongs to the Notice, not to 42 C.F.R. § 483.80(h).

Read the full answer to sentence 13 and the record behind it →

Sentence 14: Ground 14. "The word 'order' takes its ordinary meaning."

The word "order" takes its ordinary meaning.

Agreed, and applied. "A command or mandate delivered by a government official," in Chief Counsel's words; "a command, direction, or instruction," in the dictionaries; "an authoritative direction or instruction; command; mandate." "The facility must test." "The employer must develop and implement a COVID-19 plan." "Covered health care and high-risk congregate settings ... must maintain a policy." "Covered entities shall continuously require personnel to be fully vaccinated." "All in-home direct care services workers ... must be fully vaccinated." "The Facility shall prohibit all visitors, including volunteers and non-essential workers, such as barbers, entertainers, or the like, from entering and accessing its Premises, except for essential visits (e.g., end of life)." "All communal dining and activities are to be suspended." "Any article 28 general hospital shall not discharge a patient to a nursing home, unless the nursing home operator or administrator has first certified that it is able to properly care for such patient," and no such hospital shall "discharge a patient to a nursing home, without first performing a diagnostic test for COVID-19 and obtaining a negative result." Each is an order in the word's ordinary meaning, and each was in force on the days this analysis says it was.

The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

Read the full answer to sentence 14 and the record behind it →

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 343 records, of which The COVID Project holds the document for 335. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-054	Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	/library/FED-054	/exhibit/FED-054
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-236	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Oct. 21, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 58218 (Oct. 21, 2021) (Ex. FED-236)	/library/FED-236	/exhibit/FED-236
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-262	OMB Memorandum M-20-13	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 12, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262)	/library/FED-262	/exhibit/FED-262
Ex. FED-263	OMB Memorandum M-20-15	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 15, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263)	/library/FED-263	/exhibit/FED-263
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. SEC-04-001	QSO-20-14-NH (REVISED)	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group	Mar. 9, 2020	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-14-NH (REVISED) (Mar. 9, 2020) (Ex. SEC-04-001)	/library/SEC-04-001	/exhibit/SEC-04-001
Ex. SEC-04-002	QSO-20-39-NH	Centers for Medicare & Medicaid Services, Survey and Certification Group	Sept. 17, 2020	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-39-NH (Sept. 17, 2020) (Ex. SEC-04-002)	/library/SEC-04-002	/exhibit/SEC-04-002
Ex. SEC-04-003	QSO-20-39-NH REVISED 04/27/2021	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group	Apr. 27, 2021	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED 04/27/2021 (Apr. 27, 2021) (Ex. SEC-04-003)	/library/SEC-04-003	/exhibit/SEC-04-003
Ex. SEC-04-004	CMS-3401-IFC, 85 Fed. Reg. 54820	Centers for Medicare & Medicaid Services, Department of Health and Human Services	Sept. 2, 2020	Centers for Medicare & Medicaid Services, Department of Health and Human Services, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (Ex. SEC-04-004)	/library/SEC-04-004	/exhibit/SEC-04-004
Ex. SEC-04-005	QSO-20-38-NH	Centers for Medicare & Medicaid Services, Survey and Certification Group	Aug. 26, 2020	Centers for Medicare & Medicaid Services, Survey and Certification Group, QSO-20-38-NH (Aug. 26, 2020) (Ex. SEC-04-005)	/library/SEC-04-005	/exhibit/SEC-04-005
Ex. SEC-04-006	CMS-5531-IFC, 85 Fed. Reg. 27550	Centers for Medicare & Medicaid Services	May 8, 2020	Centers for Medicare & Medicaid Services, CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020) (Ex. SEC-04-006)	/library/SEC-04-006	/exhibit/SEC-04-006
Ex. SEC-04-007	QSO-20-29-NH	Centers for Medicare & Medicaid Services	May 6, 2020	Centers for Medicare & Medicaid Services, QSO-20-29-NH (May 6, 2020) (Ex. SEC-04-007)	/library/SEC-04-007	/exhibit/SEC-04-007
Ex. SEC-04-008	CMS-3414-IFC, 86 Fed. Reg. 26306	Centers for Medicare & Medicaid Services	May 13, 2021	Centers for Medicare & Medicaid Services, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (Ex. SEC-04-008)	/library/SEC-04-008	/exhibit/SEC-04-008
Ex. SEC-04-009	QSO-21-19-NH	Centers for Medicare & Medicaid Services	May 11, 2021	Centers for Medicare & Medicaid Services, QSO-21-19-NH (May 11, 2021) (Ex. SEC-04-009)	/library/SEC-04-009	/exhibit/SEC-04-009
Ex. SEC-04-010	QSO-20-18-HHA	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group	Mar. 10, 2020	Centers for Medicare & Medicaid Services, Quality, Safety & Oversight Group, QSO-20-18-HHA (Mar. 10, 2020) (Ex. SEC-04-010)	/library/SEC-04-010	/exhibit/SEC-04-010
Ex. SEC-04-011	QSO-20-16-Hospice	Centers for Medicare & Medicaid Services	Mar. 9, 2020	Centers for Medicare & Medicaid Services, QSO-20-16-Hospice (Mar. 9, 2020) (Ex. SEC-04-011)	/library/SEC-04-011	/exhibit/SEC-04-011
Ex. SEC-04-012	QSO-20-30-NH (REVISED 03/10/2021)	Centers for Medicare & Medicaid Services	May 18, 2020	Centers for Medicare & Medicaid Services, QSO-20-30-NH (REVISED 03/10/2021) (May 18, 2020) (Ex. SEC-04-012)	/library/SEC-04-012	/exhibit/SEC-04-012
Ex. SEC-04-013	QSO-20-23-ICF/IID & PRTF	Centers for Medicare & Medicaid Services	Mar. 30, 2020	Centers for Medicare & Medicaid Services, QSO-20-23-ICF/IID & PRTF (Mar. 30, 2020) (Ex. SEC-04-013)	/library/SEC-04-013	/exhibit/SEC-04-013
Ex. SEC-04-014	29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard)	Occupational Safety and Health Administration, Department of Labor	June 21, 2021	Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014)	/library/SEC-04-014	/exhibit/SEC-04-014
Ex. SEC-04-015	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs)	Centers for Medicare & Medicaid Services (section 1135 waiver authority)	Mar. 30, 2020	Centers for Medicare & Medicaid Services (section 1135 waiver authority), COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (LTC facilities, HHAs, hospices, ICF/IIDs) (Mar. 30, 2020) (Ex. SEC-04-015)	/library/SEC-04-015	/exhibit/SEC-04-015
Ex. SEC-04-016	QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021)	Centers for Medicare & Medicaid Services	Feb. 10, 2021	Centers for Medicare & Medicaid Services, QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021) (Feb. 10, 2021) (Ex. SEC-04-016)	/library/SEC-04-016	/exhibit/SEC-04-016
Ex. SEC-04-017	CMS-1744-IFC, 85 Fed. Reg. 19230	Centers for Medicare & Medicaid Services	Apr. 6, 2020	Centers for Medicare & Medicaid Services, CMS-1744-IFC, 85 Fed. Reg. 19230 (Apr. 6, 2020) (Ex. SEC-04-017)	/library/SEC-04-017	/exhibit/SEC-04-017
Ex. SEC-04-018	QSO-20-20-All	Centers for Medicare & Medicaid Services	Mar. 23, 2020	Centers for Medicare & Medicaid Services, QSO-20-20-All (Mar. 23, 2020) (Ex. SEC-04-018)	/library/SEC-04-018	/exhibit/SEC-04-018
Ex. SEC-04-019	QSO-20-31-All (REVISED 01/04/2021)	Centers for Medicare & Medicaid Services	June 1, 2020	Centers for Medicare & Medicaid Services, QSO-20-31-All (REVISED 01/04/2021) (June 1, 2020) (Ex. SEC-04-019)	/library/SEC-04-019	/exhibit/SEC-04-019
Ex. SEC-04-020	QSO-20-35-ALL	Centers for Medicare & Medicaid Services	Aug. 17, 2020	Centers for Medicare & Medicaid Services, QSO-20-35-ALL (Aug. 17, 2020) (Ex. SEC-04-020)	/library/SEC-04-020	/exhibit/SEC-04-020
Ex. SEC-04-022	42 C.F.R. 483.80 (2021 edition, revised as of Oct. 1, 2021)	Office of the Federal Register (codification of CMS rules)	Oct. 1, 2021	Office of the Federal Register (codification of CMS rules), 42 C.F.R. 483.80 (2021 edition, revised as of Oct. 1, 2021) (Ex. SEC-04-022)	/library/SEC-04-022	/exhibit/SEC-04-022
Ex. SEC-04-023	29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021)	Office of the Federal Register (codification of the OSHA ETS)	July 1, 2021	Office of the Federal Register (codification of the OSHA ETS), 29 C.F.R. 1910.502 (2021 edition, revised as of July 1, 2021) (Ex. SEC-04-023)	/library/SEC-04-023	/exhibit/SEC-04-023
Ex. SEC-04-024	CMS press release, Aug. 18, 2021	Centers for Medicare & Medicaid Services (press release)	Aug. 18, 2021	Centers for Medicare & Medicaid Services (press release), CMS press release, Aug. 18, 2021 (Ex. SEC-04-024)	/library/SEC-04-024	/exhibit/SEC-04-024
Ex. SEC-04-025	QSO-21-17-NH (UPDATED 05/10/2021)	Centers for Medicare & Medicaid Services	Apr. 8, 2021	Centers for Medicare & Medicaid Services, QSO-21-17-NH (UPDATED 05/10/2021) (Apr. 8, 2021) (Ex. SEC-04-025)	/library/SEC-04-025	/exhibit/SEC-04-025
Ex. SEC-04-026	QSO-20-25-NH	Centers for Medicare & Medicaid Services	Apr. 13, 2020	Centers for Medicare & Medicaid Services, QSO-20-25-NH (Apr. 13, 2020) (Ex. SEC-04-026)	/library/SEC-04-026	/exhibit/SEC-04-026
Ex. SEC-04-030	Executive Order No. 252	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-04-030)	/library/SEC-04-030	/exhibit/SEC-04-030
Ex. SEC-04-031	Executive Order No. 13B	Governor Ned Lamont	Aug. 6, 2021	Governor Ned Lamont, Executive Order No. 13B (Aug. 6, 2021) (Ex. SEC-04-031)	/library/SEC-04-031	/exhibit/SEC-04-031
Ex. SEC-04-032	Proclamation 21-14	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-04-032)	/library/SEC-04-032	/exhibit/SEC-04-032
Ex. SEC-04-033	Executive Order 2021-20 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Aug. 26, 2021	Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-04-033)	/library/SEC-04-033	/exhibit/SEC-04-033
Ex. SEC-04-034	Executive Order 2021-22 (COVID-19 Executive Order No. 88)	Governor JB Pritzker	Sept. 3, 2021	Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 88) (Sept. 3, 2021) (Ex. SEC-04-034)	/library/SEC-04-034	/exhibit/SEC-04-034
Ex. SEC-04-035	State Public Health Officer Order of August 5, 2021	State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon)	Aug. 5, 2021	State Public Health Officer and Director, California Department of Public Health (Tomas J. Aragon), State Public Health Officer Order of August 5, 2021 (Aug. 5, 2021) (Ex. SEC-04-035)	/library/SEC-04-035	/exhibit/SEC-04-035
Ex. SEC-04-036	State Public Health Officer Order of July 26, 2021	State Public Health Officer and Director, California Department of Public Health	July 26, 2021	State Public Health Officer and Director, California Department of Public Health, State Public Health Officer Order of July 26, 2021 (Ex. SEC-04-036)	/library/SEC-04-036	/exhibit/SEC-04-036
Ex. SEC-04-037	State Public Health Officer Order of September 28, 2021	State Public Health Officer and Director, California Department of Public Health	Sept. 28, 2021	State Public Health Officer and Director, California Department of Public Health, State Public Health Officer Order of September 28, 2021 (Sept. 28, 2021) (Ex. SEC-04-037)	/library/SEC-04-037	/exhibit/SEC-04-037
Ex. SEC-04-039	Executive Order No. 120	Governor Roy Cooper	Mar. 23, 2020	Governor Roy Cooper, Executive Order No. 120 (Mar. 23, 2020) (Ex. SEC-04-039)	/library/SEC-04-039	/exhibit/SEC-04-039
Ex. SEC-04-040	DEM Emergency Order No. 20-006	Jared Moskowitz, Director, Florida Division of Emergency Management, under Executive Order 20-52	Mar. 15, 2020	Jared Moskowitz, Director, Florida Division of Emergency Management, under Executive Order 20-52, DEM Emergency Order No. 20-006 (Mar. 15, 2020) (Ex. SEC-04-040)	/library/SEC-04-040	/exhibit/SEC-04-040
Ex. SEC-04-041	DEM Emergency Order No. 20-009	Jared Moskowitz, Director, Florida Division of Emergency Management	Sept. 1, 2020	Jared Moskowitz, Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-009 (Sept. 1, 2020) (Ex. SEC-04-041)	/library/SEC-04-041	/exhibit/SEC-04-041
Ex. SEC-04-042	Executive Directive No. 20-013 (revised May 20, 2020)	Judith M. Persichilli, Commissioner, New Jersey Department of Health	May 12, 2020	Judith M. Persichilli, Commissioner, New Jersey Department of Health, Executive Directive No. 20-013 (revised May 20, 2020) (May 12, 2020) (Ex. SEC-04-042)	/library/SEC-04-042	/exhibit/SEC-04-042
Ex. SEC-04-043	Executive Directive No. 20-026	Commissioner of Health	Aug. 20, 2020	Commissioner of Health, Executive Directive No. 20-026 (Aug. 20, 2020) (Ex. SEC-04-043)	/library/SEC-04-043	/exhibit/SEC-04-043
Ex. SEC-04-045	Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and In Higher Education, Healthcare, and Related…	Philadelphia Board of Health; Department of Public Health (Acting Health Commissioner Cheryl Bettigole); approved by the City Law Department	Aug. 12, 2021	Philadelphia Board of Health; Department of Public Health (Acting Health Commissioner Cheryl Bettigole); approved by the City Law Department, Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and In Higher Education, Healthcare, and Related Settings (Aug. 12, 2021) (Ex. SEC-04-045)	/library/SEC-04-045	/exhibit/SEC-04-045
Ex. SEC-04-046	PDPH-HAN-00363A	Philadelphia Department of Public Health, Health Alert Network	Aug. 25, 2021	Philadelphia Department of Public Health, Health Alert Network, PDPH-HAN-00363A (Aug. 25, 2021) (Ex. SEC-04-046)	/library/SEC-04-046	/exhibit/SEC-04-046
Ex. SEC-04-047	Order of the Health Commissioner regarding Long-Term Care Facilities	Health Commissioner, Philadelphia Department of Public Health	Apr. 8, 2020	Health Commissioner, Philadelphia Department of Public Health, Order of the Health Commissioner regarding Long-Term Care Facilities (Apr. 8, 2020) (Ex. SEC-04-047)	/library/SEC-04-047	/exhibit/SEC-04-047
Ex. SEC-04-048	Order Rescinding the Long-Term Care Facility Order	Health Commissioner, Philadelphia Department of Public Health	Sept. 23, 2020	Health Commissioner, Philadelphia Department of Public Health, Order Rescinding the Long-Term Care Facility Order (Sept. 23, 2020) (Ex. SEC-04-048)	/library/SEC-04-048	/exhibit/SEC-04-048
Ex. SEC-04-049	Executive Order No. 202.30	Governor Andrew M. Cuomo	May 10, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.30 (May 10, 2020) (Ex. SEC-04-049)	/library/SEC-04-049	/exhibit/SEC-04-049
Ex. SEC-04-050	Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities (June 26, 2020), with the June 8, 2020 order for…	Secretary of the Pennsylvania Department of Health (order); Department of Human Services (implementing page)	June 26, 2020	Secretary of the Pennsylvania Department of Health (order); Department of Human Services (implementing page), Order of the Secretary of the Pennsylvania Department of Health Directing Testing at Long-Term Care Facilities (June 26, 2020), with the June 8, 2020 order for skilled nursing facilities (Ex. SEC-04-050)	/library/SEC-04-050	/exhibit/SEC-04-050
Ex. SEC-04-051	Executive Order No. 13F	Governor Ned Lamont	Sept. 3, 2021	Governor Ned Lamont, Executive Order No. 13F (Sept. 3, 2021) (Ex. SEC-04-051)	/library/SEC-04-051	/exhibit/SEC-04-051
Ex. SEC-04-052	Executive Order No. 13D	Governor Ned Lamont	Aug. 19, 2021	Governor Ned Lamont, Executive Order No. 13D (Aug. 19, 2021) (Ex. SEC-04-052)	/library/SEC-04-052	/exhibit/SEC-04-052
Ex. SEC-04-053	216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022)	Rhode Island Department of Health	Aug. 17, 2021	Rhode Island Department of Health, 216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022) (Ex. SEC-04-053)	/library/SEC-04-053	/exhibit/SEC-04-053
Ex. SEC-04-055	DHSS announcement of vaccination-or-testing requirements for long-term care facilities, health care facilities and State employees	Delaware Department of Health and Social Services / Division of Public Health (release)	Aug. 12, 2021	Delaware Department of Health and Social Services / Division of Public Health (release), DHSS announcement of vaccination-or-testing requirements for long-term care facilities, health care facilities and State employees (Aug. 12, 2021) (Ex. SEC-04-055)	/library/SEC-04-055	/exhibit/SEC-04-055
Ex. SEC-04-056	Governor's release and letter of Aug. 17, 2021 urging expedited Board of Health rulemaking	Governor Jared Polis (letter to the State Board of Health)	Aug. 17, 2021	Governor Jared Polis (letter to the State Board of Health), Governor's release and letter of Aug. 17, 2021 urging expedited Board of Health rulemaking (Ex. SEC-04-056)	/library/SEC-04-056	/exhibit/SEC-04-056
Ex. SEC-04-057	Governor's announcement of Aug. 16, 2021 and DOH Section 16 orders	Governor Andrew M. Cuomo (release); New York State Department of Health (Section 16 orders)	Aug. 16, 2021	Governor Andrew M. Cuomo (release); New York State Department of Health (Section 16 orders), Governor's announcement of Aug. 16, 2021 and DOH Section 16 orders (Ex. SEC-04-057)	/library/SEC-04-057	/exhibit/SEC-04-057
Ex. SEC-04-058	10 NYCRR 2.61 (emergency regulation)	Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health	Aug. 26, 2021	Public Health and Health Planning Council and Commissioner of Health, New York State Department of Health, 10 NYCRR 2.61 (emergency regulation) (Aug. 26, 2021) (Ex. SEC-04-058)	/library/SEC-04-058	/exhibit/SEC-04-058
Ex. SEC-04-059	Mayor's Order 2021-099	Mayor Muriel Bowser	Aug. 10, 2021	Mayor Muriel Bowser, Mayor's Order 2021-099 (Aug. 10, 2021) (Ex. SEC-04-059)	/library/SEC-04-059	/exhibit/SEC-04-059
Ex. SEC-04-060	Executive Order 04.08.20.03	Governor Brian P. Kemp	Apr. 8, 2020	Governor Brian P. Kemp, Executive Order 04.08.20.03 (Apr. 8, 2020) (Ex. SEC-04-060)	/library/SEC-04-060	/exhibit/SEC-04-060
Ex. SEC-04-061	Proclamation 21-14.1	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-04-061)	/library/SEC-04-061	/exhibit/SEC-04-061
Ex. SEC-04-062	DEM Emergency Order No. 20-007	Director, Florida Division of Emergency Management	May 18, 2020	Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-007 (May 18, 2020) (Ex. SEC-04-062)	/library/SEC-04-062	/exhibit/SEC-04-062
Ex. SEC-04-063	Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers	New Jersey Department of Health, Certificate of Need and Licensing	Mar. 13, 2020	New Jersey Department of Health, Certificate of Need and Licensing, Memorandum to Home Health Agency and Hospice Administrators: Temporary Operational Waivers (Mar. 13, 2020) (Ex. SEC-04-063)	/library/SEC-04-063	/exhibit/SEC-04-063
Ex. SEC-04-064	Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public…	Commissioner of Health	Apr. 24, 2020	Commissioner of Health, Blanket Waiver for Home Health Agency Licensing Standards at N.J.A.C. 8:42 that are More Stringent than Waivers and Guidance Issued by CMS during the Public Health Emergency (Apr. 24, 2020) (Ex. SEC-04-064)	/library/SEC-04-064	/exhibit/SEC-04-064
Ex. SEC-04-065	Governor's Aug. 18, 2021 vaccination protocols for nursing home and hospital staff (as reported by WBOC)	Governor Lawrence J. Hogan, Jr. (announcement); Maryland Department of Health (implementing order)	Aug. 18, 2021	Governor Lawrence J. Hogan, Jr. (announcement); Maryland Department of Health (implementing order), Governor's Aug. 18, 2021 vaccination protocols for nursing home and hospital staff (as reported by WBOC) (Ex. SEC-04-065)	/library/SEC-04-065	/exhibit/SEC-04-065
Ex. SEC-04-066	10-144 C.M.R. ch. 264 (emergency rule of Aug. 12, 2021), as described in Does 1-6 v. Mills, No. 21-1826 (1st Cir. Oct. 19, 2021)	Maine Center for Disease Control and Prevention, Department of Health and Human Services (emergency rule); First Circuit (description)	Aug. 12, 2021	Maine Center for Disease Control and Prevention, Department of Health and Human Services (emergency rule); First Circuit (description), 10-144 C.M.R. ch. 264 (emergency rule of Aug. 12, 2021), as described in Does 1-6 v. Mills, No. 21-1826 (1st Cir. Oct. 19, 2021) (Ex. SEC-04-066)	/library/SEC-04-066	/exhibit/SEC-04-066
Ex. SEC-04-067	OHA Frequently Asked Questions on the COVID-19 vaccination requirement for healthcare providers and staff (OAR 333-019-1010) and K-12 (OAR 333-019-1030)	Oregon Health Authority, Public Health Division	Aug. 25, 2021	Oregon Health Authority, Public Health Division, OHA Frequently Asked Questions on the COVID-19 vaccination requirement for healthcare providers and staff (OAR 333-019-1010) and K-12 (OAR 333-019-1030) (Aug. 25, 2021) (Ex. SEC-04-067)	/library/SEC-04-067	/exhibit/SEC-04-067
Ex. SEC-04-068	All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021)	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program	Mar. 13, 2020	California Department of Public Health, Center for Health Care Quality, Licensing and Certification Program, All Facilities Letter 20-22 (Mar. 13, 2020), as revised through AFL 20-22.9 (Aug. 12, 2021) (Ex. SEC-04-068)	/library/SEC-04-068	/exhibit/SEC-04-068
Ex. SEC-04-069	All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021)	California Department of Public Health, Licensing and Certification Program	June 9, 2020	California Department of Public Health, Licensing and Certification Program, All Facilities Letter 20-53 (June 9, 2020), as revised through AFL 20-53.6 (Dec. 27, 2021) (Ex. SEC-04-069)	/library/SEC-04-069	/exhibit/SEC-04-069
Ex. SEC-04-072	DEM Emergency Order No. 20-008	Director, Florida Division of Emergency Management	July 13, 2020	Director, Florida Division of Emergency Management, DEM Emergency Order No. 20-008 (July 13, 2020) (Ex. SEC-04-072)	/library/SEC-04-072	/exhibit/SEC-04-072
Ex. SEC-04-073	QSO-20-38-NH REVISED 09/10/2021	Centers for Medicare & Medicaid Services	Sept. 10, 2021	Centers for Medicare & Medicaid Services, QSO-20-38-NH REVISED 09/10/2021 (Sept. 10, 2021) (Ex. SEC-04-073)	/library/SEC-04-073	/exhibit/SEC-04-073
Ex. SEC-04-075	Sixth Amended Director's Order to Limit Access to Ohio's Nursing Homes and Similar Facilities, with Exceptions	Director of Health, Ohio Department of Health	Jan. 6, 2021	Director of Health, Ohio Department of Health, Sixth Amended Director's Order to Limit Access to Ohio's Nursing Homes and Similar Facilities, with Exceptions (Jan. 6, 2021) (Ex. SEC-04-075)	/library/SEC-04-075	/exhibit/SEC-04-075
Ex. SEC-04-076	Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (2021 amendment)	Director of Health, Ohio Department of Health	May 4, 2021	Director of Health, Ohio Department of Health, Director's Amended Order for the Testing of the Residents and Staff of all Nursing Homes (2021 amendment) (May 4, 2021) (Ex. SEC-04-076)	/library/SEC-04-076	/exhibit/SEC-04-076
Ex. SEC-04-077	QSO-20-39-NH REVISED 11/12/2021	Centers for Medicare & Medicaid Services	Nov. 12, 2021	Centers for Medicare & Medicaid Services, QSO-20-39-NH REVISED 11/12/2021 (Nov. 12, 2021) (Ex. SEC-04-077)	/library/SEC-04-077	/exhibit/SEC-04-077
Ex. SEC-04-078	Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing…	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living	Mar. 6, 2020	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	/library/SEC-04-078	/exhibit/SEC-04-078
Ex. SEC-04-GM-001	Organizer notice	Argentum	Mar. 27, 2020	Argentum, Organizer notice (Mar. 27, 2020) (Ex. SEC-04-GM-001)	/library/SEC-04-GM-001	/exhibit/SEC-04-GM-001
Ex. SEC-04-GM-002	Organizer notice	American Academy of Hospice and Palliative Medicine and Hospice and Palliative Nurses Association	Mar. 19, 2020	American Academy of Hospice and Palliative Medicine and Hospice and Palliative Nurses Association, Organizer notice (Mar. 19, 2020) (Ex. SEC-04-GM-002)	/library/SEC-04-GM-002	/exhibit/SEC-04-GM-002
Ex. SEC-04-GM-004	Organizer notice	Every certified nursing home (15,600 facilities; 1.3 million residents)	Mar. 13, 2020	Every certified nursing home (15,600 facilities; 1.3 million residents), Organizer notice (Mar. 13, 2020) (Ex. SEC-04-GM-004)	/library/SEC-04-GM-004	/exhibit/SEC-04-GM-004
Ex. SEC-04-GM-005	Organizer notice	National Association for Home Care & Hospice	Aug. 12, 2020	National Association for Home Care & Hospice, Organizer notice (Aug. 12, 2020) (Ex. SEC-04-GM-005)	/library/SEC-04-GM-005	/exhibit/SEC-04-GM-005
Ex. SEC-04-GM-006	Organizer notice	National Association for Home Care & Hospice (with the Home Health Financial Managers Association)	June 2, 2020	National Association for Home Care & Hospice (with the Home Health Financial Managers Association), Organizer notice (June 2, 2020) (Ex. SEC-04-GM-006)	/library/SEC-04-GM-006	/exhibit/SEC-04-GM-006
Ex. SEC-04-GM-008	Organizer notice	Home Care Association of America	Aug. 18, 2020	Home Care Association of America, Organizer notice (Aug. 18, 2020) (Ex. SEC-04-GM-008)	/library/SEC-04-GM-008	/exhibit/SEC-04-GM-008
Ex. SEC-04-GM-009	Organizer notice	National Hospice and Palliative Care Organization (with the Hospice Action Network)	May 6, 2020	National Hospice and Palliative Care Organization (with the Hospice Action Network), Organizer notice (May 6, 2020) (Ex. SEC-04-GM-009)	/library/SEC-04-GM-009	/exhibit/SEC-04-GM-009
Ex. SEC-04-GM-010	Organizer notice	Argentum (EventSafe program with Accushield)	Aug. 9, 2021	Argentum (EventSafe program with Accushield), Organizer notice (Aug. 9, 2021) (Ex. SEC-04-GM-010)	/library/SEC-04-GM-010	/exhibit/SEC-04-GM-010
Ex. SEC-04-GM-011	Organizer notice	Argentum (EventSafe program with Accushield)	Aug. 24, 2021	Argentum (EventSafe program with Accushield), Organizer notice (Aug. 24, 2021) (Ex. SEC-04-GM-011)	/library/SEC-04-GM-011	/exhibit/SEC-04-GM-011
Ex. SEC-04-GM-012	Organizer notice	AMDA	Jan. 13, 2021	AMDA, Organizer notice (Jan. 13, 2021) (Ex. SEC-04-GM-012)	/library/SEC-04-GM-012	/exhibit/SEC-04-GM-012
Ex. SEC-04-GM-013	Organizer notice	Alzheimer's Association	Aug. 2, 2020	Alzheimer's Association, Organizer notice (Aug. 2, 2020) (Ex. SEC-04-GM-013)	/library/SEC-04-GM-013	/exhibit/SEC-04-GM-013
Ex. SEC-04-GM-014	Organizer notice	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards)	Mar. 24, 2020	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards), Organizer notice (Mar. 24, 2020) (Ex. SEC-04-GM-014)	/library/SEC-04-GM-014	/exhibit/SEC-04-GM-014
Ex. SEC-04-GM-015	Organizer notice	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards)	Mar. 24, 2020	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards), Organizer notice (Mar. 24, 2020) (Ex. SEC-04-GM-015)	/library/SEC-04-GM-015	/exhibit/SEC-04-GM-015
Ex. SEC-04-GM-016	Organizer notice	National Association of Directors of Nursing Administration in Long Term Care	May 19, 2020	National Association of Directors of Nursing Administration in Long Term Care, Organizer notice (May 19, 2020) (Ex. SEC-04-GM-016)	/library/SEC-04-GM-016	/exhibit/SEC-04-GM-016
Ex. SEC-04-GM-017	Organizer notice	Lincoln Healthcare Leadership (Home Care 100 Intelligence Group)	Nov. 24, 2020	Lincoln Healthcare Leadership (Home Care 100 Intelligence Group), Organizer notice (Nov. 24, 2020) (Ex. SEC-04-GM-017)	/library/SEC-04-GM-017	/exhibit/SEC-04-GM-017
Ex. SEC-04-GM-018	Organizer notice	American Society on Aging	Mar. 28, 2020	American Society on Aging, Organizer notice (Mar. 28, 2020) (Ex. SEC-04-GM-018)	/library/SEC-04-GM-018	/exhibit/SEC-04-GM-018
Ex. SEC-04-GM-019	Organizer notice	American Geriatrics Society	Apr. 2, 2020	American Geriatrics Society, Organizer notice (Apr. 2, 2020) (Ex. SEC-04-GM-019)	/library/SEC-04-GM-019	/exhibit/SEC-04-GM-019
Ex. SEC-04-GM-020	Organizer notice	Home Care Association of America	Aug. 9, 2021	Home Care Association of America, Organizer notice (Aug. 9, 2021) (Ex. SEC-04-GM-020)	/library/SEC-04-GM-020	/exhibit/SEC-04-GM-020
Ex. SEC-04-GM-021	Organizer notice	National Investment Center for Seniors Housing & Care (NIC)	Mar. 23, 2021	National Investment Center for Seniors Housing & Care (NIC), Organizer notice (Mar. 23, 2021) (Ex. SEC-04-GM-021)	/library/SEC-04-GM-021	/exhibit/SEC-04-GM-021
Ex. SEC-04-GM-022	Organizer notice	LeadingAge California	Apr. 11, 2020	LeadingAge California, Organizer notice (Apr. 11, 2020) (Ex. SEC-04-GM-022)	/library/SEC-04-GM-022	/exhibit/SEC-04-GM-022
Ex. SEC-04-GM-023	Organizer notice	California Association of Health Facilities	Sept. 27, 2020	California Association of Health Facilities, Organizer notice (Sept. 27, 2020) (Ex. SEC-04-GM-023)	/library/SEC-04-GM-023	/exhibit/SEC-04-GM-023
Ex. SEC-04-GM-024	Organizer notice	Florida Senior Living Association	July 5, 2020	Florida Senior Living Association, Organizer notice (July 5, 2020) (Ex. SEC-04-GM-024)	/library/SEC-04-GM-024	/exhibit/SEC-04-GM-024
Ex. SEC-04-GM-025	Organizer notice	Texas Health Care Association	Sept. 18, 2020	Texas Health Care Association, Organizer notice (Sept. 18, 2020) (Ex. SEC-04-GM-025)	/library/SEC-04-GM-025	/exhibit/SEC-04-GM-025
Ex. SEC-04-GM-026	Organizer notice	LeadingAge	May 19, 2020	LeadingAge, Organizer notice (May 19, 2020) (Ex. SEC-04-GM-026)	/library/SEC-04-GM-026	/exhibit/SEC-04-GM-026
Ex. SEC-04-GM-027	Organizer notice	California Association for Health Services at Home	May 10, 2020	California Association for Health Services at Home, Organizer notice (May 10, 2020) (Ex. SEC-04-GM-027)	/library/SEC-04-GM-027	/exhibit/SEC-04-GM-027
Ex. SEC-04-GM-028	Organizer notice	LeadingAge	May 19, 2020	LeadingAge, Organizer notice (May 19, 2020) (Ex. SEC-04-GM-028)	/library/SEC-04-GM-028	/exhibit/SEC-04-GM-028
Ex. SEC-04-GM-029	Organizer notice	National Association for Home Care & Hospice	Aug. 12, 2020	National Association for Home Care & Hospice, Organizer notice (Aug. 12, 2020) (Ex. SEC-04-GM-029)	/library/SEC-04-GM-029	/exhibit/SEC-04-GM-029
Ex. SEC-04-GM-030	Organizer notice	National Association for Home Care & Hospice	Aug. 17, 2021	National Association for Home Care & Hospice, Organizer notice (Aug. 17, 2021) (Ex. SEC-04-GM-030)	/library/SEC-04-GM-030	/exhibit/SEC-04-GM-030
Ex. SEC-04-GM-031	Organizer notice	LeadingAge	Oct. 11, 2020	LeadingAge, Organizer notice (Oct. 11, 2020) (Ex. SEC-04-GM-031)	/library/SEC-04-GM-031	/exhibit/SEC-04-GM-031
Ex. SEC-04-GM-032	Organizer notice	Texas Association for Home Care & Hospice	Aug. 6, 2020	Texas Association for Home Care & Hospice, Organizer notice (Aug. 6, 2020) (Ex. SEC-04-GM-032)	/library/SEC-04-GM-032	/exhibit/SEC-04-GM-032
Ex. SEC-04-GM-033	Organizer notice	American Health Care Association / National Center for Assisted Living	Aug. 31, 2021	American Health Care Association / National Center for Assisted Living, Organizer notice (Aug. 31, 2021) (Ex. SEC-04-GM-033)	/library/SEC-04-GM-033	/exhibit/SEC-04-GM-033
Ex. SEC-04-GM-034	Organizer notice	LeadingAge	Mar. 20, 2020	LeadingAge, Organizer notice (Mar. 20, 2020) (Ex. SEC-04-GM-034)	/library/SEC-04-GM-034	/exhibit/SEC-04-GM-034
Ex. SEC-04-GM-035	Organizer notice	National Investment Center for Seniors Housing & Care (NIC)	Jan. 21, 2021	National Investment Center for Seniors Housing & Care (NIC), Organizer notice (Jan. 21, 2021) (Ex. SEC-04-GM-035)	/library/SEC-04-GM-035	/exhibit/SEC-04-GM-035
Ex. SEC-04-GM-036	Organizer notice	Home Care Association of America	Aug. 18, 2020	Home Care Association of America, Organizer notice (Aug. 18, 2020) (Ex. SEC-04-GM-036)	/library/SEC-04-GM-036	/exhibit/SEC-04-GM-036
Ex. SEC-04-GM-037	Organizer notice	National Association for Home Care & Hospice (with the Home Health Financial Managers Association)	June 2, 2020	National Association for Home Care & Hospice (with the Home Health Financial Managers Association), Organizer notice (June 2, 2020) (Ex. SEC-04-GM-037)	/library/SEC-04-GM-037	/exhibit/SEC-04-GM-037
Ex. SEC-04-GM-038	Organizer notice	National Association of Directors of Nursing Administration in Long Term Care	May 19, 2020	National Association of Directors of Nursing Administration in Long Term Care, Organizer notice (May 19, 2020) (Ex. SEC-04-GM-038)	/library/SEC-04-GM-038	/exhibit/SEC-04-GM-038
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

11. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?industry=04&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.

Date	Organizer	Event	What the notice said	Exhibit
Mar. 13, 2020	Every certified nursing home (15,600 facilities; 1.3 million residents)	Communal dining in Medicare- and Medicaid-certified nursing homes (DN)	Cancelling all group activities and communal dining	Ex. SEC-04-GM-004
Mar. 19, 2020	American Academy of Hospice and Palliative Medicine and Hospice and Palliative Nurses Association	Annual Assembly of Hospice and Palliative Care (AAHPM and HPNA)	Leadership and staff have continued to closely monitor the situation regarding COVID-19 following updates and recommendations from the CDC, the WHO, as well as state and local governments. We never want to risk exposing people in our workforce to a situation where they could be compromised and unable to provide hospice…	Ex. SEC-04-GM-002
Mar. 20, 2020	LeadingAge	LeadingAge Annual Meeting & EXPO 2020	LeadingAge Annual Meeting & EXPO 2020	Ex. SEC-04-GM-034
Mar. 24, 2020	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards)	Nurse aide competency examinations, NCLEX and administrator licensing examinations at Prometric and Pearson VUE test centers (HR: the pipeline of certified nursing assistants, home health aides, licensed nurses and licensed administrators)	We will continue to monitor the situation and make decisions about test center operations in accordance with government and local authorities.	Ex. SEC-04-GM-014
Mar. 24, 2020	Prometric; Pearson VUE (test vendors for State nurse aide registries, NCSBN's NCLEX and State licensing boards)	Nurse aide competency examinations, NCLEX and administrator licensing examinations at Prometric and Pearson VUE test centers (HR: the pipeline of certified nursing assistants, home health aides, licensed nurses and licensed administrators)	We will continue to monitor the situation and make decisions about test center operations in accordance with government and local authorities.	Ex. SEC-04-GM-015
Mar. 27, 2020	Argentum	Argentum Senior Living Executive Conference & Expo 2020	the tremendously challenging work being done by senior living employees at all levels to protect our residents from COVID-19 - work we believe will continue for some time... the future remains uncertain surrounding travel bans and limited gathering mandates, both at the national and state levels	Ex. SEC-04-GM-001
Mar. 28, 2020	American Society on Aging	Aging in America Conference 2020 (AiA20)	After careful consideration, ASA's board of directors has made the decision to cancel the Aging in America Conference in Atlanta due to concerns over the coronavirus and the safety and well-being of our attendees.	Ex. SEC-04-GM-018
Apr. 2, 2020	American Geriatrics Society	AGS 2020 Annual Scientific Meeting (#AGS20)	The AGS 2020 Annual Scientific Meeting (#AGS20), scheduled for May 6-9, 2020 in Long Beach, CA, has been canceled.... We hope that all geriatrics health professionals who are on the frontlines of caring for older adults will be able to take time during the coming weeks as we collectively work to address the impact of…	Ex. SEC-04-GM-019
Apr. 11, 2020	LeadingAge California	LeadingAge California Annual Conference and Expo 2020	LeadingAge California Annual Conference and Expo 2020	Ex. SEC-04-GM-022
May 6, 2020	National Hospice and Palliative Care Organization (with the Hospice Action Network)	NHPCO Leadership and Advocacy Conference (LAC) 2020, with Hill Day	NHPCO Leadership and Advocacy Conference (LAC) 2020, with Hill Day	Ex. SEC-04-GM-009
May 10, 2020	California Association for Health Services at Home	CAHSAH Annual Conference & Expo 2020; Home Care & Hospice Administrator Certificate Programs	CAHSAH Annual Conference & Expo 2020; Home Care & Hospice Administrator Certificate Programs	Ex. SEC-04-GM-027
May 19, 2020	National Association of Directors of Nursing Administration in Long Term Care	NADONA 33rd Annual Conference 2020	The NADONA Board and Staff have made the decision to reschedule the 2020 NADONA National Conference for October 31-November 4, 2020 at the same location The Convention/Exhibit Center & Sheraton in Niagara Falls, NY.... we understand the importance of having all resources be operational and ready to support the…	Ex. SEC-04-GM-016
May 19, 2020	LeadingAge	LeadingAge Leadership Summit 2020 (formerly the PEAK Leadership Summit)	After thoughtful consideration for the health and welfare of our member organizations and the people they serve, LeadingAge has decided to cancel the 2020 Leadership Summit, scheduled for August 10-12 in Washington DC. While we may not come together for a live event in August, we are actively planning a series of…	Ex. SEC-04-GM-026
May 19, 2020	LeadingAge	LeadingAge Leadership Summit 2020 (formerly the PEAK Leadership Summit)	After thoughtful consideration for the health and welfare of our member organizations and the people they serve, LeadingAge has decided to cancel the 2020 Leadership Summit, scheduled for August 10-12 in Washington DC. While we may not come together for a live event in August, we are actively planning a series of…	Ex. SEC-04-GM-028
May 19, 2020	National Association of Directors of Nursing Administration in Long Term Care	NADONA 33rd Annual Conference 2020	The NADONA Board and Staff have made the decision to reschedule the 2020 NADONA National Conference for October 31-November 4, 2020 at the same location The Convention/Exhibit Center & Sheraton in Niagara Falls, NY.... we understand the importance of having all resources be operational and ready to support the…	Ex. SEC-04-GM-038
June 2, 2020	National Association for Home Care & Hospice (with the Home Health Financial Managers Association)	NAHC Financial Management Conference & Expo 2020	NAHC Financial Management Conference & Expo 2020	Ex. SEC-04-GM-006
June 2, 2020	National Association for Home Care & Hospice (with the Home Health Financial Managers Association)	NAHC Financial Management Conference & Expo 2020	NAHC Financial Management Conference & Expo 2020	Ex. SEC-04-GM-037
July 5, 2020	Florida Senior Living Association	Florida Senior Living Association 2020 Conference ('Celebrating the Magic of Senior Living')	Due to the COVID-19 pandemic, we have made the difficult decision not to meet in person this year, but we have pivoted to offer a full-fledged conference virtually.	Ex. SEC-04-GM-024
Aug. 2, 2020	Alzheimer's Association	Walk to End Alzheimer's 2020 (more than 600 community walks; home care and senior living operators are sponsors, team captains and exhibitors)	The world may look a little different right now, but one thing hasn't changed: our commitment to ending Alzheimer's. This year, Walk to End Alzheimer's is everywhere - on every sidewalk, track and trail. Your health and safety are our top priorities. We won't have a large in-person gathering - instead, we invite you to…	Ex. SEC-04-GM-013
Aug. 6, 2020	Texas Association for Home Care & Hospice	TAHC&H 51st Annual Meeting 2020	TAHC&H 51st Annual Meeting 2020	Ex. SEC-04-GM-032
Aug. 12, 2020	National Association for Home Care & Hospice	NAHC Home Care and Hospice Conference and Expo 2020 (the annual meeting)	NAHC Home Care and Hospice Conference and Expo 2020 (the annual meeting)	Ex. SEC-04-GM-005
Aug. 12, 2020	National Association for Home Care & Hospice	NAHC Home Care and Hospice Conference and Expo 2020 (the annual meeting)	NAHC Home Care and Hospice Conference and Expo 2020 (the annual meeting)	Ex. SEC-04-GM-029
Aug. 18, 2020	Home Care Association of America	HCAOA Annual Leadership Conference 2020	HCAOA Annual Leadership Conference 2020	Ex. SEC-04-GM-008
Aug. 18, 2020	Home Care Association of America	HCAOA Annual Leadership Conference 2020	HCAOA Annual Leadership Conference 2020	Ex. SEC-04-GM-036
Sept. 18, 2020	Texas Health Care Association	Texas Health Care Association 70th Annual Convention 2020	Texas Health Care Association 70th Annual Convention 2020	Ex. SEC-04-GM-025
Sept. 27, 2020	California Association of Health Facilities	CAHF Annual Convention & Expo 2020	CAHF Annual Convention & Expo 2020	Ex. SEC-04-GM-023
Oct. 11, 2020	LeadingAge	LeadingAge Annual Meeting & EXPO 2020	LeadingAge Annual Meeting & EXPO 2020	Ex. SEC-04-GM-031
Nov. 24, 2020	Lincoln Healthcare Leadership (Home Care 100 Intelligence Group)	Home Care 100 (Lincoln Healthcare Leadership) 2021	Home Care 100 (Lincoln Healthcare Leadership) 2021	Ex. SEC-04-GM-017
Jan. 13, 2021	AMDA	AMDA - The Society for Post-Acute and Long-Term Care Medicine, Annual Conference (PALTC20 and PALTC21)	AMDA - The Society for Post-Acute and Long-Term Care Medicine, Annual Conference (PALTC20 and PALTC21)	Ex. SEC-04-GM-012
Jan. 21, 2021	National Investment Center for Seniors Housing & Care (NIC)	NIC Fall Conference 2020 and NIC Spring Conference 2021; NIC Fall Conference 2021	In response to the COVID-19 pandemic, NIC is offering a range of virtual events, as well as an exciting new networking platform, designed to keep seniors housing and care leaders safely and conveniently connected, both to the latest information and trends, and to each other.	Ex. SEC-04-GM-035
Mar. 23, 2021	National Investment Center for Seniors Housing & Care (NIC)	NIC Fall Conference 2020 and NIC Spring Conference 2021; NIC Fall Conference 2021	In response to the COVID-19 pandemic, NIC is offering a range of virtual events, as well as an exciting new networking platform, designed to keep seniors housing and care leaders safely and conveniently connected, both to the latest information and trends, and to each other.	Ex. SEC-04-GM-021
Aug. 9, 2021	Argentum (EventSafe program with Accushield)	Argentum Senior Living Executive Conference & Expo 2021	Argentum Senior Living Executive Conference & Expo 2021	Ex. SEC-04-GM-010
Aug. 9, 2021	Home Care Association of America	HCAOA Annual Leadership Conference 2021	HCAOA Annual Leadership Conference 2021	Ex. SEC-04-GM-020
Aug. 17, 2021	National Association for Home Care & Hospice	NAHC Home Care and Hospice Conference and Expo 2021	NAHC Home Care and Hospice Conference and Expo 2021	Ex. SEC-04-GM-030
Aug. 24, 2021	Argentum (EventSafe program with Accushield)	Argentum Senior Living Executive Conference & Expo 2021	Argentum Senior Living Executive Conference & Expo 2021	Ex. SEC-04-GM-011
Aug. 31, 2021	American Health Care Association / National Center for Assisted Living	AHCA/NCAL 71st Convention & Expo 2020	AHCA/NCAL 71st Convention & Expo 2020	Ex. SEC-04-GM-033